Equality Rights - Section 15
In this seminar, we will receive presentations on the following propositions and then discuss them:
(1) "The recent case of Kapp is a helpful adjustment to the Law test. The analysis of s. 15(2) is also a positive development."
(2) "The issue of comparator groups is nothing more than a device that allows the court to do whatever it wants."
(3) "The approach of the S.C.C. on the s. 1 issues in N.A.P.E. is sound."
Cases:
Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497.
R. v. Kapp, 2008 SCC 41 (for a very recent, but brief, application of Kapp, see A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30).Hodge v. Canada (Minister of Human Resources Development), [2004] 3 S.C.R. 357 (comparator groups).
Auton (Guardian ad litem of) v. British Columbia (Attorney General), [2004] 3 S.C.R. 657 (comparator groups).
Newfoundland (Treasury Board) v. N.A.P.E., [2004] 3 S.C.R. 381 (s. 1 and s. 15).
As always, during the discussion in class you may discuss any other Charter cases from any court and any secondary sources such as books and articles.