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- On October 16 th, 2020, the Supreme Court of Canada released the landmark decision of Fraser v Canada, clarifying how adverse effect discrimination fits into the s. 15 framework. Adverse effect discrimination can be defined as when a facially neutral law has a disproportionate impact on members of a group.
aspercentre.ca/fraser-v-canada-whats-the-point-of-s-15/Fraser v. Canada: What’s the Point of S. 15? | David Asper ...
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Nov 24, 2020 · In Fraser v. Canada (Attorney General), 2020 SCC 28, the Supreme Court of Canada found that a workplace policy of the RCMP amounted to unlawful discrimination because it indirectly institutionalized and perpetuated a long-standing source of economic disadvantage for women.
On October 16 th, 2020, the Supreme Court of Canada released the landmark decision of Fraser v Canada, clarifying how adverse effect discrimination fits into the s. 15 framework. Adverse effect discrimination can be defined as when a facially neutral law has a disproportionate impact on members of a group.
Disproportionate impact alone is not sufficient to meet step one of the s. 15 (1) analysis. Ultimately, in cases of adverse effect discrimination, the question under step one is whether the law, while facially neutral, creates an adverse distinction based on an enumerated or analogous ground.
Mar 30, 2021 · On October 16, 2020, the Supreme Court of Canada rendered judgement in Fraser v Canada, 2020 SCC 28 (CanLII) (Fraser), a long-anticipated decision about adverse effects sex discrimination under s. 15 of the Canadian Charter of Rights and Freedoms.
- Background
- The Court’S Analysis
- Takeaways For Employers
The matter arose when three retired female RCMP members-including Ms. Fraser, after whom the case is named-claimed that the pension consequences of job-sharing as described above had a discriminatory impact on women. As officers returning to full-time service after taking maternity leaves, they felt overwhelmed by their work and care obligations. T...
The Supreme Court began its analysis by setting out the language of section 15 of the Canadian Charter of Rights and Freedoms which provides for the right to the equal protection and equal benefit of the law without discrimination and in particular, discrimination on the basis of an enumerated ground such as sex, or based on an analogous ground. Th...
Adverse effect discrimination can occur in a wide range of contexts, given the wide array of spheres in which laws and state actions apply and occur. That this case arose in the employment context involving a high-profile federal employer shows that no employer is immune from the insidious effects of this type of discrimination and they must do all...
Oct 19, 2020 · Verdict: Appeal allowed. Sidebar: Section 15 (1) and Adverse Impact Discrimination. Adverse impact discrimination occurs when a seemingly neutral law (one not plainly discriminatory on its face) has a disproportionate impact on a protected group.
Mar 23, 2021 · Fraser v Canada is one step closer towards dissolving the gender gap experienced by many individuals professionally. Christina Di Lella discusses this signifigant decision, and how claimants are now better equipped to address indirect discrimination when seeking judicial review in court.
