ADJ-1 Lecture Notes - Lecture 20: Dignity

• School: RCC
• Department: Administration Of Justice
• Course: ADJ-1
• Professor: graham

Document Summary

Human dignity is confusing and difficult to apply as a legal test, and has proven to be a burden on equality claimants. The factors identified in law v. canada" relate to identifying things important in andrews: the perpetuation of disadvantage and stereotyping as primary indicators of discrimination. Law v. canada" does not impose a new and distinctive test, but instead confirms the commitment to substantive equality outlined in andrews. Focus of 15 (1) is on preventing discrimination based on enumerated and analogous grounds that perpetuate group disadvantage or prejudice or impose disadvantage based on stereotype. 15 (2) enables the government to combat discrimination with affirmative action: if 15 (2) criteria are met, it is unnecessary to do section 15 (1) analysis, 15 (2) and 15 (1) are confirmatory of each other. 15 (1) cannot be read to find a program aimed at combating discrimination to break equality right.