Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
EQUALITY RIGHTS A CANADIAN PERSPECTIVE ADOPTION IN CHARTER • MADE PART OF CHARTER • MUCH LOBBYING ABOUT WORDING BECAUSE OF EARLIER NARROW PRECEEDENTS • NGOs HAD SIGNIFICANT INFLUENCE ON WORDING SECTION 15 WORDING • (1) Every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Section 15 wording continued • (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Relation of s. 15 to antidiscrimination legislation • Section 15 covers only conduct of government, not private sector. • But it covers all governmental activity, not just employment, housing and services. How Should We Measure What is Equality? • Examples for discussion – Only men allowed to vote in elections – All students given three hours to complete examination. – Law school fees 300% higher than arts faculty fees. – Segregated classes for people with disabilities. Lessons from these examples • What is absolute equality from one point of view may be absolute inequality from another point of view. – Problem goes beyond where to draw the line. Aristotle’s definition • Equality consists of treating equals equally and unequals unequally in proportion to the inequality. • Problems with this definition. – How do we decide who is equal? What criteria do we use? – How do we decide whether they are being treated equally? How to formulate an appropriate definition • Definition is a policy choice, not just a question of applying proper logic. • Choices may be different for different societies depending on what issues of inequality are most important in that society. • Consider what are most important issues in Taiwan. Wording of section 15 of the Canadian Charter • Individual – excludes corporations • Why all the different formulations (before, under, protection, benefit) • Section 15(2), exception or indication how to measure equality? First Charter case • Claimed equality violated because only citizens could become lawyers and it took 5 years to gain citizenship. • What are the arguments for and against this claim? Enumerated or analogous grounds • What should count as analogous? Marital status? Sexual orientation? Where you live in Canada? • What should be the test of what is analogous? Court’s answer to this question • Unchangeable or changeable only at undue cost. • Should not have to change characteristics that are essential part of one’s identity. What counts as discrimination • Medical services do not cover interpreters for people who are deaf and cannot communicate with doctors in the usual way. • Anti-discrimination statute covers grounds such as race and sex but not sexual orientation. What counts as discrimination, continued • Welding training program only for women. • Government pension plan if spouse dies. Benefits reduced if you are younger. • There are female prison guards in male prisons but no male guards in female prisons. How Canadian courts measure what is discriminatory • Focus on results or outcomes • Consider outcomes in relation to broader social context. • Consider longer-range outcomes, not just immediate ones Summary of Canadian approach • Inequality need not be intentional • Test not identical treatment but equality of results. • Measure results against broader social context – Does outcome narrow the gap between disadvantaged and advantaged groups.. Significance of Section 15(2) • Could view as exception to equality rights. • But courts have treated as indication of how to measure equality. Overall Summary • Equality is a fundamental principle. • But how to measure equality involves policy choices. • Each society must consider its own situation.