Search results
Mar 4, 2011 · Thus judges have noted that historic disadvantage is often linked to s. 15 discrimination. In R. v. Turpin , 1989 CanLII 98 (SCC) , [1989] 1 S.C.R. 1296, for example, Wilson J. identified the purposes of s. 15 as “remedying or preventing discrimination against groups suffering social, political and legal disadvantage in our society” (p. 1333).
- Supplementary Death Benefit Regulations
SOR/2024-85, s. 15; Salaries in Cases of Doubt. 18 For the...
- Crc, C 396
retirement age, as applied to any rank of contributor, means...
- 2004 SCC 65
Claims of discrimination under s. 15(1) of the Canadian...
- Supplementary Death Benefit Regulations
Thus, deciding whether a group is protected by section 15 involves “a search for indicia of discrimination such as stereotyping, historical disadvantage or vulnerability to political or social prejudice.”
Mar 30, 2021 · The dissenting justices maintained that arbitrariness or unfairness must be proven to establish substantive discrimination and found that historical disadvantage alone is insufficient to satisfy the second stage (Fraser at paras 190-95).
This historical disadvantage has to a great extent been shaped and perpetuated by the notion that disability is an abnormality or flaw. As a result, disabled persons have not generally been afforded the “equal concern, respect and consideration” that s. 15(1) of the Charter demands.
Adverse effect discrimination claims have long been recognized in human rights code cases, and the Fraser decision finally brings this uncontroversial understanding of equality into s. 15 jurisprudence with a paradigmatic adverse impact fact-scenario.
Nov 9, 2020 · Justice Abella also made it clear that the focus of the discrimination analysis at step 2 should be on groups that have faced historical disadvantage and whether the impugned law reinforces, perpetuates, or exacerbates that disadvantage (at paras 77, 81).
People also ask
Is historic disadvantage linked to s 15 discrimination?
Is historical disadvantage a form of discrimination?
What is discrimination under Section 15?
Does s 15 cover adverse effect discrimination?
Does section 15 apply to disadvantaged groups?
How many adverse effects discrimination claims have been successful in Canada?
To address the structural and systemic issues underlying the inequality of disadvantaged groups, it is important to consider whether unmet needs are linked to discriminatory exclusions and devaluing of the group.
