April 6th Notes

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Exam Format: 2 hours 2 essays, one on Equality and another on Liberty. Todays Lecture: 1. Ground-based approach to discrimination: 1.1. What makes something a ground? 1.2. Do the grounds demarcate different kinds of discrimination? 1.3. Advantages of a grounds-based approach 2. Iyers Discussion 2.1. 2 problems with any list of grounds. 2.2. 2 problems with claimants having to pigeon-hole their claim into a ground. 3. Examples of grounds: race, sex, age, religion, ethnic origin, disability. 4. Not recognized as grounds: poverty, physical appearance. In Canada and the US, we have a list of prohibited grounds in the Charter Rights of Freedoms. (Section 15) In Canada, if a claimant wants to make a claim they need to prove that they have differentiated from others. Sexual orientation is considered an analogous ground. Immutability A problem with immutability is physical appearance. There is a personal cost to someone who wants to change their religion. The religion is also not completely accepting of others without some sort of initiation. Constructive immutability: Something that you can not change without a great cost. What is the court trying to get at? Why do we want to protect people from being excluded from an institution based on something that they cannot change? You can say that it might be arbitrary in the sense that the exclusion is arbitrary or maybe it is just an arbitrary feature of them. Someone can say that someones religion is very unlike ones age and sex. If we think about why it is wrong to discriminate against someone based on sex or religion, you may come up with very different sets of reasons. There are some disabilit
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