POLS 3136 Study Guide - Final Guide: Canada Pension Plan, Beverley Mclachlin, Michel Bastarache

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Andrews v. law society of british columbia (1989) was the first s. 15 case to reach the supreme court. Issue: *whether the requirement of canadian citizenship for admission to the british columbia bar is an infringement upon or denial of the equality rights guaranteed by the s. 15(1) of the charter. * and if so, whether it is justified under s. 1. Mcintyre wrote for unanimous court on the interpretation of s. 15. Crown who must show that the law is justified under s. 1. The court held that citizenship qualified as an analogous (to national or ethnic origin) ground of discrimination. The claimant was unable to establish that she had suffered a disadvantage by reason of her marital status. She argued that the tax provision discriminated against separated custodial parents, because in an intact family the income tax on money spent on child support would be paid by the spouse who earned the income.

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