Lecture Notes on Public Law Course: Section 15 of the Canadian Charter of Rights and Freedoms

Course Overview

• Instructor: Professor Lord
• Focus: Public law, specifically Section 15 of the Canadian Charter of Rights and Freedoms
  • Section 15 guarantees the right to equality
  • Course will focus on Section 15 for about two-thirds of its duration

Importance of Section 15

• Considered a key protection of equality in Canada
• Has influenced the creation of various provincial protections and human rights codes

Understanding Section 15

• Section 15.1: Prohibits discrimination
• Section 15.2: Allows for discrimination if there is a good reason (ameliorative purpose)
  • Aimed at addressing existing disadvantage

Section 15 Usage and Interpretation

• Not frequently used due to its broad protections
• Courts often opt to rule under other rights to avoid the broad implications of Section 15

Subsections of Section 15

• Subsection 15.1: Every individual is equal before and under the law
  • Protects from discrimination based on race, national origin, sex, age, etc.
  • The list provided is not exhaustive
• Subsection 15.2: Allows laws, programs, or activities aimed at improving conditions for disadvantaged individuals/groups

Limitations and Applications

• Charter applies mainly to government actions, not private entities
• Provincial laws and human rights codes extend protections to private interactions

Corporations and Section 15

• Corporations do not have Section 15 rights (only natural persons do)

Concepts of Equality

• Formal Equality: Treating everyone the same
• Substantive Equality: Considering historical disadvantages and various contexts to ensure effective equality
  • Case law example: "Law" case which introduces a framework to test equality claims

Framework for Equality Claims

• Step 1: Identify a distinction
• Step 2: Determine if it is discriminatory
  • Based on race, color, religion, etc.
• Step 3: Consider Section 15.2 as a potential defense for the government

Burden of Proof

• Lies on the claimant to prove discrimination
• Requires providing evidence, especially when claims are not obvious

Grounds for Discrimination

• Enumerated grounds: as listed in Section 15
• Analogous grounds: determined by the courts over time

Intersectionality and Effects of Laws

• Discrimination can be due to the effects of laws, not just the text
• Example: Laws regarding holidays impacting religious practices

Factors Indicating Discrimination

• Pre-existing disadvantage
• Degree of correspondence between treatment and group characteristics
• Nature of the interest affected
• Courts emphasize preserving human dignity and avoiding stereotypical distinctions

Section 15.2 and Ameliorative Purpose

• Government can claim ameliorative purpose to justify discrimination
• Must show the law aims to improve conditions for historically disadvantaged groups

Rational Connection

• Both Section 15.2 and Section 1 require a rational connection between the law's purpose and its impact

Conclusion

• Section 15 provides significant protections but comes with complexities in interpretation and application
• Emphasis on understanding the balance between non-discrimination and efforts to improve equality through targeted laws and programs