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Canada Safeway Ltd.). As section 15's words "in particular" hint that the explicitly named grounds do not exhaust the scope of section 15, additional grounds can be considered if it can be shown that the group or individual's equality rights were denied in comparison with another group that shares all of the same characteristics except for the ...
Law v Canada (Minister of Employment and Immigration), [1999] 1 SCR 497 is a leading Supreme Court of Canada decision on section 15 of the Canadian Charter of Rights and Freedoms. The ruling is notable because the court created the Law test, a significant new tool that has since been used by Canadian courts for determining the validity of ...
Section 15 equality rights Figueroa v Canada (AG) [2003] 1 S.C.R. 912, 2003 SCC 37 June 27, 2003 Right to run for office R v Asante-Mensah [2003] 2 S.C.R. 3, 2003 SCC 38 July 11, 2003 Citizens' powers of arrest Nova Scotia (Workers' Compensation Board) v Martin; Nova Scotia (Workers' Compensation Board) v Laseur
Attorney General (Canada) [9] was a section 15 Charter class action against federal legislation for alleged age discrimination. Though the Court ruled against the claimants, it laid to rest the idea that a comparator group was necessary to make a discrimination complaint.
While the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985 that the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review pre-existing statutes and strike potentially unconstitutional inequalities.
By holding the phrase "in particular" in Section 15 made the listed grounds non-exhaustive and recognizing citizenship as an analogous ground, the Court opened the door to include other historically marginalized groups that were not explicitly protected under that section such as members of Canada's LGBT community. [3]
Freedom of speech in Canada and freedom of religion in Canada (now in Section 2 of the Charter) equality rights (more complete rights are contained in Section 15 of the Charter) The right to life, liberty and security of the person, and in another section, rights to fundamental justice (the Charter combines those rights in Section 7)
Egan v Canada, [1995] 2 SCR 513 was one of a trilogy of equality rights cases published by the Supreme Court of Canada in the second quarter of 1995. [2] [3] [4] It stands today as a landmark Supreme Court case which established that sexual orientation constitutes a prohibited basis of discrimination under section 15 of the Canadian Charter of Rights and Freedoms.