CRIM 335 Chapter 15: CRIM 335 Chapter 15
13 Nov 2018
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Document Summary
Guarantee of equality - contained in s. 15 of charter. Equality rights jurisprudence under charter is complex & defies any attempt at quick & accurate summary. Equality is fundamental value in democratic society & yet its precise meaning is elusive in political & legal discourse. As legal concept, includes notion that every indiv is entitled to dignity & respect & that law should apply to all in even handed manner. Equality thus involves comparisons b/w indivs/groups but there is considerable debate about proper comparisons. Some theories of equality emphasize equal opportunity while others emphasize equality of outcomes. These are value-laden issues that cannot be simply resolved by mechanical application of any test. Equality rights claims - challenging b/w frequently present controversial, moral, social, or political issues that many argue should not even be before the courts. Equality rights cases contentious when used as vehicle to extend legislative benefits such as pensions, social assistance, health-care coverage.
