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Law 2101 (734)
Lecture

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Winter

Description
Equality Lecture #6 October 15, 2013 Section 15(1)  15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability o Some inequalities such as poverty cannot be fixed; programs can be made to help fix, but it can never be fully fixed o Charter is made to regulate the actions of the state, this right does not require the state to give you equality, it makes you equal under them o It is legal equality, not economic equality o Anything but self executing o Not clear what it is going to do for you o Doesn’t say ONLY BASED, more so “particularly” Section 15(2)  (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, color, religion, sex, age or mental or physical disability. o When you interpret and apply section 1, do not conclude that government programs to help people constitute inequality or those to help disabled people constitute inequality o Affirmative action programs; can have special programs for certain people o Makes it clear that certain discriminations are allowed and cannot be fought to create certain advantages o Controversial Andrews v. Law Society of British Columbia  Section 15(1) is not a general guarantee of equality; concerned with legal equality; how does the law treat you, how does the state treat you  Mere distinction in treatment doesn’t constitute inequality; just because two people are treated differently doesn’t mean inequality  Court rejects formal (treat everyone the same) equality in favor of substantive equality (sometimes different treatment is required to get equality) Discrimination: Discrimination is "a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual's merits and capacities will rarely be so classed.” o Court prescribes this definition because inequality becomes discrimination o If state treats you differently based on your characteristics such as being associated to certain groups, that is d
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