Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in the document are guaranteed. ... Section Two of the Canadian Charter of Rights and Freedoms guarantees what are called the fundamental freedoms for which there are four enumerated types. ... 3. ... Section Five of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, and the last of three democratic rights in the Charter. ... The right to live and work anywhere in Canada. ... Section Seven of the Canadian Charter of Rights and Freedoms protects an individuals autonomy and personal legal rights from actions of the government. ... Section 8 - SEARCH OR SEIZURE. 8. ... 10. ... crap ... Section Thirteen of the Canadian Charter of Rights and Freedoms is the section of the Charter which specifies rights regarding self incrimination. ... (1) English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliamnet and government of Canada. ... Section Sixteen One of the Canadian Charter of Rights and Freedoms is the newest section of the Charter. ... (1) Everyone has the right to use English or French in any debates or other proceedings of Parliament. ... Section Twenty-two of the Canadian Charter of Rights and Freedoms is one of several sections of the Charter relating to the official languages of Canada. ... Section Twenty-three of the Canadian Charter of Rights and Freedoms is the section of the Charter that constitutionally guarantees minority language educational rights to French-speaking communities outside Quebec, and, to a lesser extent, English-speaking minorities in Quebec. ... Enforcement Enforcement of guaranteed rights and freedoms 24. ... Section Twenty-five of the Canadian Charter of Rights and Freedoms is the first section under the heading General in the Canadian constitutions Charter, and like other sections within the General sphere, it aids in the interpretation of rights elsewhere in the Charter. ... Section Twenty-six of the Canadian Charter of Rights and Freedoms, like other provisions within the section 25 to 31 bloc, provides a guide in interpreting how the Charter should affect Canadian society. ... Section Twenty-seven of the Canadian Charter of Rights and Freedoms is a section of the Charter that, as part of a range of provisions within the section 25 to section 31 bloc, helps determine how rights in other sections of the Charter should be interpreted and applied by the... Section Twenty-eight of the Canadian Charter of Rights and Freedoms is a part of the Canadian constitutions bill of rights. ... Section Thirty of the Canadian Charter of Rights and Freedoms is a section of the Charter that, like other provisions within the section 25 to section 31 bloc, provides a guide as to how Charter rights should be interpreted and applied by Canadian courts. ... Section Thirty-one of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. ... Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms (known as la Charte canadienne des droits et libertés in French) is part of the Constitution of Canada. ... See also the disambiguation page titled equality for the mathematical and geographical topics. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... To discriminate is to make a distinction. ... Affirmative action (U.S. English), or positive discrimination (British English), is a policy or a program promoting the representation in various systems of people of a minority group who have traditionally been discriminated against, with the aim of creating a more egalitarian society. ...

Under the heading of "Equality Rights" this section states:

15. (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 on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The use of the word "individual" excludes "legal persons" such as corporations. This is in contrast to other sections that use the word "everyone" where "legal persons" were meant to be included.

Meaning and purpose of equality

The concept of equality in Canada has its philosophical origins in the works of Albert Venn Dicey who believed in substantive equality (similar to what Milton Friedman called "equality of outcome"). Substantive equality acknowledges that people do not all have the same ability and attributes, and are not equal under the law. Instead, by treating people differently everyone will be subject to equal impact of the law. This form of equality developed in response to formal equality which applies law indiscriminately and does not differentiates between personal characteristics (often called the "similarly-situated" doctrine). Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... Milton Friedman Milton Friedman (born July 31, 1912) is a U.S. economist, known primarily for his work on macroeconomics and for his advocacy of laissez-faire capitalism. ... Equality of outcome is a basic form of egalitarianism which seeks to reduce or eliminate differences between individuals or households in a society. ...

This philosophy is reflected in the four types of equalities protected by Section 15(1).

• Equality before the law is equality in the administration of justice, where all individuals are treated equally by law. That is, a law may be discriminatory but it must be applied equally to all.
• Equality under the law is equality in the substance of the law, where the rule must not differentiate on irrelevant personal characteristics.
• Equal benefit of the law ensures that benefits imposed by law will be proportionate.
• Equal protection of the law ensure that the protections imposed by law will be proportionate.

In sum, the equality guarantees of section 15 are aimed at "[preventing] violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political and social prejudices, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration." (Iacobucci J. in Law v. Canada, [2002]) Law v. ...

Application of section fifteen

In any challenge of section 15(1) the burden of proof is always on the claimant. When interpreting the section, the purpose of the section should always be kept in mind as well as external factors such as those mentioned in section 15(2). In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...

Law test

As first outlined in Law v. Canada, discrimination can be identified through a three-step test. Law v. ...

1. Did the law, program, or activity impose differential treatment between the claimant and a comparator group? That is, was a distinction created between the groups in purpose or effect?
2. If so, was the differential treatment based on enumerated or analogous grounds?
3. If so, did the law in question have a purpose or effect that is discriminatory within the meaning of the equality guarantee?

Differential treatment

This step asks whether there is a formal distinction between the claimant and a comparator group based on one or more personal characteristics or else does it fail to take into account the claimant's current disadvantaged position?

Personal characteristics are generally considered an "immutable" quality of the person that either cannot be changed or only changed at excessive cost (constructively immutable).

The selection of the comparator group is integral. They must possess all the qualities of the claimant except for the personal characteristic at issue. (Corbiere v. Canada [1999] 2 S.C.R. 203) Corbiere v. ...

Enumerated or analogous grounds

There are nine enumerated grounds mentioned in section 15(1). In practice, the enumerated grounds have been given liberal and broad interpretations. For example, discrimination on the basis of pregnancy has been ruled to be sex discrimination (Brooks v. Canada Safeway Ltd.). A pregnant woman Pregnancy is the carrying of one or more embryos or foeti by female mammals, including humans, inside their bodies. ...

Additional grounds can be included if it can be shown that the group or individual's equality rights were denied in comparison with another group that shares all of the same characteristics except for the personal characteristic at issue. Thus far, several analogous grounds have been identified:

• sexual orientation (Egan v. Canada, Vriend v. Alberta, Little Sisters Book and Art Emporium v. Canada [2000])
• marital status (Miron v. Trudel, Nova Scotia v. Walsh [2002]),
• off-reserve aboriginal status/"Aboriginality-residence" (Corbiere v. Canada).
• citizenship (Lavoie v. Canada [2000])

As well, the Courts have rejected several analogous grounds including: Sexual orientation refers to the sex or gender of people who are the focus of a persons amorous or erotic desires, fantasies, and spontaneous feelings, the gender(s) toward which one is primarily oriented. The alternative terms sexual preference and sexual inclination have similar meanings. ... Egan v. ... Vriend v. ... Marriage is a relationship between individuals which has formed the foundation of the family for most societies. ...

• having a "taste for marihuana". (R. v. Malmo-Levin)
• employment status (Reference Re Workers' Compensation Act [1989], Delisle v. Canada [1999])
• litigants against the Crown (Rudolph Wolff v. Canada [1990])
• province of prosecution/residence (R. v. Turpin [1989], R. v. S. (S.) [1990])
• membership in military (R. v. Genereux)
• new resident of province (Haig v. Canada)
• persons committing crimes outside Canada (R. v. Finta)

Discrimination

For discrimination to be found it must be determined if the burden or denial of benefit harms an individual's human dignity (Law v. Canada). That is, the discrimination will marginalize, ignore, or devalue an individual's sense self-respect and self-worth.

With dignity in mind, four '"contextual factors" which must be examined, none of which are determinative of discrimination, but all must be weighed appropriately.

1. pre-existing disadvantage
2. correlation between the grounds of the claim and the actual needs, capacities, and circumstances
3. ameliorative purpose or effect of the law on more disadvantaged groups
4. nature and scope of interest

Jurisprudence has shown that each of these factors are weighed differently depending on the context.

Pre-existing disadvantage

This factor asks whether there was a pre-existing disadvantage or vulnerability expericenced by the claimant. In Corbiere v. Canada McLachlin described this factor to be the most compelling and suggestive of discrimination if proven. However, the absence of a pre-existing disadvantage does not necessarily preclude a claimant from succeeding as seen in Trociuk v. British Columbia.

Correlation between grounds and reality

In this factor the claimant must show that there is a link betwen the grounds raise and the claimant's actual needs, circumstances, and capacities. Discrimination will be more difficult to establish if the law takes the qualities of the claimant into account.

In Gosselin v. Quebec (Attorney General) [2004] the court was sharply divided on this point. The majority said that the law that provided less social assistance to youth was connected to the ability of youth to find employment easily. However, the majority insisted that the evidence did not show this to be actual qualities, but were rather stereotypes. Gosselin v. ...

Ameliorative purpose

This factor asks whether there is a distinction made for the purpose of aiding an even less advantaged group. If this can be shown then it is unlikely that the claimant would be able to show a violation of their dignity. However, Lovelace v. Ontario warned that the analysis should not be reduced to a balancing of relative disadvantages.

Nature and Scope

The final factor considers the nature and scope of the interest affected by the law. The more severe and localized the results ofthe law for those affected the more likely to show that the distinctions in treatment responsible are dscriminatory.

History

Though the Charter itself came into effect on April 17, 1982, section 15 was not brought into force until three years later. The reason for this was so that provincial and federal governments would have enough time to review their legislation and make the appropriate changes to any discriminatory laws. April 17 is the 107th day of the year in the Gregorian calendar (108th in leap years). ... 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ...

External links

• CanLii s.15 digest
• s.15 interpretation
• 20th Anniversary of Section 15 (Dept. of Justice)