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Articles | Kaelen Onusko | June 18, 2013
Equality Rights and Sexual Orientation

Category: The Charter, Equality Rights (Section 15)

Vriend v. Alberta[i] By Kaelen Onusko, University of Alberta LL.B. student Delwin Vriend was terminated from his employment at a Christian college because of his sexual orientation. The Alberta Human Rights and Citizenship Commission refused to investigate his claim because the Individual Rights

Articles | Leah McDaniel | August 7, 2012
Carter v Canada (Attorney General) (2012): B.C. Court Rules that Ban on Assisted Suicide is Unconstitutional

Category: The Charter, Legal Rights (Sections 7-14), Equality Rights (Section 15)

INTRODUCTION On June 15, 2012, the Supreme Court of British Columbia rendered its long-awaited decision in Carter v Canada (Attorney General),[1] a case that considers whether a full prohibition on assisted suicide is contrary to the Canadian Charter of Rights and Freedoms. Under section

Articles | Brendon Legault | July 7, 2011
R. v. Withler (Canada) Attorney-General

Category: The Charter, Equality Rights (Section 15)

Withler v (Canada) Attorney-General[1] The Facts A class action suit was brought against the Canadian government by the spouses of deceased members of the Civil Service and the Canadian Armed Forces. They argued that a provision of the Public Service Superannuation

Articles | Adam Badari | August 26, 2010
Equality Rights since 1985

Category: The Charter, Equality Rights (Section 15)

Section 15 of the Canadian Charter of Rights and Freedoms states: (1)  Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based

Articles | Adam Badari | June 22, 2010
Egan v. Canada (1995) – Equality Rights and Same-Sex Spousal Benefits

Category: The Charter, Equality Rights (Section 15)

On May 25, 1995, the Supreme Court of Canada released three decisions dealing with the right to equality guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.[1] One of these cases was Egan v. Canada, which required the Court to decide if

Articles | Adam Badari | June 17, 2010
Eldridge v. British Columbia (Attorney General) (1997) – Equality Rights and Services for the Deaf

Category: The Charter, Equality Rights (Section 15)

In April 1997, the Supreme Court released a landmark case concerning the Charter right to be free from discrimination, guaranteed by section 15. The decision established that a government program can discriminate not only by making distinctions, but also by failing

Articles | Adam Badari | June 8, 2010
Law v. Canada (Minister of Employment and Immigration) (1999) – Equality Rights Framework

Category: The Charter, Equality Rights (Section 15)

In March 1999, the Supreme Court of Canada released its judgment in a landmark equality case.[1] After a series of divided judgments, the Court unanimously agreed on an approach to discrimination claims. The case concerned whether the survivor’s pension benefits

Articles | Jim Young | May 12, 2010
Reference re Same-sex Marriage (2004)

Category: The Charter, Equality Rights (Section 15)

Before the Civil Marriage Act was passed 2005, Canada had no legislation that defined marriage. Rather, marriage was defined by the common law as “the voluntary union for life of one man and one woman.”[1]This definition of marriage was challenged in a

Articles | Jim Young | July 22, 2009
Corbiere v. Canada (1999)

Category: The Charter, Equality Rights (Section 15), Aboriginal Rights

John Corbiere was a status Indian belonging to the Batchewana First Nation, an Ojibway band near Sault Ste. Marie, Ontario. He was among the two thirds of Batchewana Band members who did not live on the band’s reserve land and were not permitted

Articles | Dan Shouldice | July 3, 2009
Saskatchewan Refers Same-Sex Marriage Question to Courts

Category: The Charter, Fundamental Freedoms (Section 2), Equality Rights (Section 15)

The Saskatchewan government announced on July 3, 2009 that it will ask the provincial Court of Appeal for its opinion on draft legislation to allow marriage commissioners to opt out of performing same-sex marriages based on their religious beliefs, while ensuring there

Articles | Dan Shouldice | June 30, 2009
Voter ID Requirements Threaten Aboriginals’ Right to Vote

Category: The Charter, Democratic Rights (Sections 3-5), Equality Rights (Section 15), Aboriginal Rights

A report from the Standing Senate Committee on Aboriginal Peoples warns that recent changes to federal voting requirements have “adversely affected the ability of First Nations, Inuit and Métis electors to exercise their fundamental right to vote.”[1] Section 3 of the Charter guarantees: “Every

Articles | Chris Younker & Ken Dickerson | June 15, 2009
Sex Equality under the Indian Act: Will the Supreme Court or Parliament Have the Last Word?

Category: The Charter, Equality Rights (Section 15), Aboriginal Rights

The federal government is not appealing a recent British Columbia court decision that declared a key feature of the Indian Act unconstitutional. Under the decision, a major amendment to the Act would be necessary by April 2010. However, this timetable may have

Articles | Anna-May Choles | May 11, 2009
Equality Challenge for Vancouver Olympics Over Ski Jumping

Category: The Charter, Equality Rights (Section 15)

Female ski jumpers – whose sport is not included in the 2010 Vancouver Olympics – are asking the B.C. Supreme Court for a declaration that the Vancouver Organizing Committee (VANOC) violated the equality provisions of the Canadian Charter of Rights and Freedoms.[1] The equality

Articles | Natasha Dubé | February 17, 2009
Landmark Ruling for the Parental Rights of Known Sperm Donors

Category: The Charter, Equality Rights (Section 15)

A recent Ontario ruling, C.(M.A.) v. K.(M.),[1] pitted the parental rights of a lesbian couple against a gay man who was also the sperm donor. Justice Marion Cohen sided with the father, who refused to relinquish parental rights over the child, yet

Articles | Brandon Mewhort | February 6, 2009
Edmonton Plans to Deal with Aggressive Panhandlers

Category: The Charter, Fundamental Freedoms (Section 2), Legal Rights (Sections 7-14), Equality Rights (Section 15)

Edmonton has begun looking for ways to deal with aggressive panhandlers in public places. The Edmonton Police Service is most concerned with a group of 20 or 30 panhandlers who can make as much as $400 a day, and who

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