TITLE

Meaningless Mantra: Substantive Equality after Withler

AUTHOR(S)
Koshan, Jennifer; Hamilton, Jonnette Watson
PUB. DATE
June 2011
SOURCE
Review of Constitutional Studies;2011, Vol. 16 Issue 1, p31
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article examines the contribution made by the Supreme Court of Canada's decision in Withler v Canada (Attorney General) to equality rights jurisprudence under section 150) of the Canadian Charter of Rights and Freedoms. The Court's approach to issues concerning substantive equality, the use of comparative analysis and comparator groups, and the role and application of the contextual factors from Law v Canada are addressed. The authors raise concerns about the Court's narrow definition of discrimination, its return to the language of "relevance", the ways in which the Court imports section 1 justification considerations into the section 15(1) analysis, and the Court's lack of attention to the broader context beyond the benefits scheme at issue, including its lack of attention to the gender and class dimensions of the case. Overall, the authors conclude that although the Court has repeatedly stated a commitment to the principle of substantive equality in its section 15(1) Charter decisions, Withler is another example in a long line of cases that fails to give effect to that principle.
ACCESSION #
70145906

 

Related Articles

  • Méis settlement membership case goes to Supreme Court. Narine, Shari // Alberta Sweetgrass;Sep2010, Vol. 17 Issue 10, p4 

    The article discusses the court case Cunningham v. Alberta involving the Métis settlement membership which goes to the Supreme Court of Canada in December 2010.

  • Canada's Supreme Court Upholds Guilt of Dad Who Performed Home Circumcision. Svoboda, J. Steven // Attorneys for the Rights of the Child Newsletter;Winter2012, Vol. 9 Issue 3, p22 

    The article reports on the move of the Supreme Court of Canada which has ruled on a home circumcision case that the father is guilty.

  • UPDATE.  // Canadian Native Law Reporter;2014, Vol. 2, preceding pv 

    The article reports that the Supreme Court of Canada has dismissed with costs on February 27, 2014 the application for leave to appeal to the Supreme Court from the decision of the Court of Appeal in the case Louis v. British Columbia.

  • Supreme Court hears landmark HIV case. McCann, Marcus // Capital Xtra (Ottawa);2/16/2012, Issue 240, p10 

    The article reports on the arguments presented in two cases at the Supreme Court of Canada on February 8, 2012 involving HIV nondisclosure.

  • SUPREME COURT DISALLOWS POLICY EXCLUSION FOR "FAULTY DESIGN.".  // Canadian Underwriter;Dec2008, Vol. 75 Issue 12, p10 

    The article discusses a court case wherein the plaintiff sought the validity of a policy exclusion for "faulty design" related to a damaged tunnel-boring machine. The Supreme Court of Canada overturned the Court of Appeal ruling that a design must take into account all foreseeable risks. The...

  • I didn't know I was loaded. Woodard, Joe // Alberta Report / Newsmagazine;11/21/94, Vol. 21 Issue 49, p25 

    Reports on a subsequent case in which the Supreme Court of Canada's controversial decision in the Daviault case, which held that extreme intoxication could be a legitimate defense in criminal cases, has been applied. How Court of Queen's Bench Justice J.H. Mackenzie acquitted Carl Blair of...

  • Litigation privilege: transient or timeless? Blank v Canada (Minister of Justice). Goudkamp, James // International Journal of Evidence & Proof;Dec2007, Vol. 11 Issue 4, p322 

    The article presents an opinion on the Canada Supreme Court's judgment in the case entitled "Blank v. Canada (Minister of Justice)", regarding litigation privilege. The Supreme Court ruled that litigation privilege ends when the proceedings that gave rise to it are completed. The implications of...

  • Eaton v. Brant County Board of Education. Pothier, Dianne // Canadian Journal of Women & the Law;2006, Vol. 18 Issue 1, p121 

    In Eaton v. Brant County Board of Education, the Women's Court of Canada reverses the 1997 decision of the Supreme Court of Canada, which rejected a presumption of integrated education for disabled students. The Women's Court finds that although the Supreme Court did not actually invoke the...

  • Law v. Canada (Minister of Employment and Immigration). R�aume, Denise // Canadian Journal of Women & the Law;2006, Vol. 18 Issue 1, p143 

    The judgment of the Women's Court of Canada in Law v. Canada (Minister of Employment and Immigration) traces the emergence of dignity as the touchstone of section 15 equality rights, and reviews the factors relevant to finding a violation of dignity from the Supreme Court of Canada's 1999...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics