Saturday, April 07, 2007

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

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posted by Michel-Adrien at 10:22 pm


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