Supreme Court of Canada and Charter Equality Decisions

The Parliamentary Research and Information Service of the Library of Parliament has released a new analysis entitled Charter Equality Rights: Interpretation of Section 15 in Supreme Court of Canada Decisions:

"This paper contains a summary review of a number of principles relevant to analysis of section 15 and section 1 of the Canadian Charter of Rights and Freedoms ... , as determined by the Supreme Court of Canada ... , followed by a chart setting out basic elements of the Court’s decisions in which the equality rights provision has been raised".

The Table of Contents of the document:

• Introduction
• Subsection 15(1)
• A. The Andrews Decision
• B. The Turpin and Swain Decisions
• C. The 1995 Trilogy
• D. The Law Decision: A Second Leading Case
• E. Some Post-Law Observations
• F. Additional Guiding Principles
• Subsection 15(2)
• Section 1
• A. The Oakes Test
• B. The Flexible Approach
• C. Separation of Powers
• D. Additional Considerations
• Section 15 of the Canadian Charter of Rights and Freedoms Supreme Court of Canada Decisions