Difference between revisions of "Charter Rights: Equality Rights"

The Supreme Court has said that the central purpose of section 15 is to promote “substantive equality” by fighting discrimination. So in addition, courts will focus on whether the law or government action is discriminatory in creating a disadvantage by perpetuating (or indefinitely continuing) prejudice or stereotyping.

Some differences in treatment may not violate section 15. Courts have said that equality may require different treatment for different groups. Section 15(2) protects “affirmative action programs.” It says that laws or government programs designed to improve the conditions of disadvantaged individuals or groups do not violate section 15. So governments can set up programs to help people or groups disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.