POLS 3136 Chapter Notes - Chapter 55: Equal Protection Clause, Dignity, Ageism
10 Dec 2016
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Distribution over egalitarian issues presents 2 issues: Is the extent to which level of government may deny or limit egalitarian values (ie. enacting laws that discriminate on the basis such as race, national origin, sex) Is the extent to which each level of government may promote egalitarian values (ie. by the enactment of laws that forbid discrimination in employment, accommodations, and facilities open to the public. ) Before the s15 charter, the power to enact discriminatory laws was dictated by parliamentary sovereignty. The parliament or a legislature could discriminate as pleased in enacting competent legislation. (a. -g. can v lavell [1974] - ie discrimination on sex-had been upheld. ) Some heads of power have enabled the courts to introduce egalitarian values into decisions reviewing the validity of statues on federal grounds. (ie-s91(25) influenced union colliery v bryden (1899)- to strike down a bc law prohibiting chinese miners.
