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Comparator Groups Analysis In Canadian Equality Law
The "comparator group" is an element that has been used in Canadian jurisprudence to analyze statutory human rights complaints and claims pursuant to section 15 of the ''Canadian Charter of Rights and Freedoms''. Section 15 guarantees equality rights and the right to be free from discrimination on certain enumerated grounds. The analysis requires the claimant to prove that she or he has been discriminated against in comparison to another group identified by the claimant or by the Court. The appropriate comparator group was described by the Supreme Court of Canada as a group with whom "the claimant shares the characteristics relevant to qualification for the benefit or burden in question, except for the personal characteristic that is said to be the ground of wrongful discrimination." Background and origins The 1989 case ''Andrews v. Law Society of British Columbia'' was the first Supreme Court of Canada judgment to articulate the framework for analysis of ''Charter'' equality claim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section Fifteen Of The Canadian Charter Of Rights And Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (e.g. employment equity). Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of LGBT rights in Canada. These rights are guaranteed to "every individual", that is, every natural person. This wording excludes " legal persons" such as corporations, contrasting other sections that use the word "everyone", where "legal persons" were meant to be included. Section 15 has been in force since 1985. Text Under the heading of "Equality Rights" this section states: Background The '' Canadian Bill of Rights'' of 1960 had guaranteed the "right of the individual to equality before the law and the protection of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the '' Constitution Act, 1982''. The ''Charter'' was preceded by the ''Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrews V
Andrews may refer to: Places Australia *Andrews, Queensland *Andrews, South Australia United States *Andrews, Florida (other), various places *Andrews, Indiana * Andrews, Nebraska *Andrews, North Carolina * Andrews, Oregon *Andrews, South Carolina *Andrews, Texas *Andrews County, Texas *Andrews Air Force Base near Washington, D.C., home of Air Force One *Andrews University (Michigan) Philippines *Andrews Avenue, a major thoroughfare in Metro Manila, Philippines Other *Andrews (surname) *''Andrews v Law Society of British Columbia'', a 1989 Supreme Court of Canada case on constitutional equality guarantees *''Joseph Andrews'', a novel by Henry Fielding *''An Apology for the Life of Mrs. Shamela Andrews'', a parody novel *Andrews, a bus company in Sheffield, South Yorkshire, England, that merged with Yorkshire Traction *Andrews Osborne Academy, a private school in Willoughby, Ohio *Henry Cranke Andrews (fl. 1794 – 1830), English botanist (standard author abbreviation An ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law V
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hodge V
{{disambiguation, geo ...
Hodge may refer to: Places United States * Hodge, California, an unincorporated community * Hodge, Louisiana, a village * Hodge, Missouri, an unincorporated community *The Hodge Building, the historic name of the Begich Towers in Whittier, Alaska Other * Hodge Escarpment, Edith Ronne Land, Antarctica Other uses * Hodge (surname) * Hodge baronets, two titles in the Baronetage of the United Kingdom, one extinct * Hodge 301, a star cluster in the Tarantula Nebula * Hodge (cat), Dr. Samuel Johnson's cat *Hodge, pseudonym of Roger Squires, crossword compiler See also *A list of mathematical concepts named after W. V. D. Hodge *Hodges (other) Hodges may refer to: People and fictional characters * Hodges (surname) Places * Hodges Drive, a main west–east road in Joondalup, north of Perth, Western Australia * Hodges Glacier, a small glacier one nautical mile west of Grytviken, South Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds. The prohibited grounds currently are: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. Application The act applies throughout Canada, but only to federally regulated activities; each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated. The ''Canadian Human Rights Act'' created the Canadian Human Rights Commission that investigates claims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Human Rights Tribunal
The Canadian Human Rights Tribunal (french: Tribunal canadien des droits de la personne, link=no) is an administrative tribunal established in 1977 through the ''Canadian Human Rights Act''. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the act. The tribunal holds hearings to investigate complaints of discriminatory practices and may order a respondent to a complaint to cease a practice, as well as order a respondent to pay compensation to the complainant. Decisions of the Canadian Human Rights Tribunal are reviewable by Canada's Federal Court. Federal Court decisions can then be appealed to the Federal Court of Appeal and the Supreme Court of Canada. The Federal Court can also issue and enforce decisions made by the tribunal if violations continue and imprison an offender for contempt of court if a decision continues to be disregarded. This has happened in the cas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Canada
The Federal Court of Canada, which succeeded the Exchequer Court of Canada in 1971, was a national court of Canada that had limited jurisdiction to hear certain types of disputes arising under the federal government's legislative jurisdiction. Originally composed of two divisions, the Appellate Division and the Trial Division, in 2003 the Court was split into two separate Courts, the Federal Court and the Federal Court of Appeal. The jurisdiction and powers of the two courts remained largely unchanged from the predecessor divisions. The court used facilities as the Supreme Court of Canada Building as well as Thomas D'Arcy McGee Building and registry office at 90 Elgin Street. History Pre-Confederation to Confederation Prior to Confederation, the predominantly English-speaking Canada West (which succeeded Upper Canada) and the predominantly French-speaking Canada East (which succeeded Lower Canada) each had a separate system of courts. During pre-Confederation negotiations, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Substantive Equality
Substantive equality is a fundamental aspect of human rights law that is concerned with equitable outcomes and equal opportunities for disadvantaged and marginalized people and groups in society.Cusack, Simone, Ball, Rachel (2009) Eliminating Discrimination and Ensuring Substantive Equality. Public Interest Law Clearing House and Human Rights Law Resource Centre Ltd."What is substantive equality?" (PDF). Equal Opportunity Commission, Government of Western Australia. November 2014. Retrieved 28 October 2018. Scholars define substantive equality as an output or outcome of the policies, procedures, and practices used by nation states and private actors in addressing and preventing systemic discrimination.Mitchell, Ben (2015). Process Equality, Substantive Equality and Recognising Disadvantage Constitutional Equality Law. Irish Jurist. 53: 36-57. Substantive equality recognizes that the law must take elements such as discrimination, marginalization, and unequal distribution into ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vriend V
Vriend is a Dutch surname meaning "friend". Notable people with the surname include: * Ann Vriend, Canadian singer-songwriter and pianist * Bep Vriend (born 1946), Dutch contract bridge player * Cor Vriend (born 1949), Dutch long-distance runner *Delwin Vriend (born 1966), Canadian activist * Harry Vriend (born 1938), Dutch water polo player * Jan Vriend (born 1938), Dutch composer, conductor and pianist *Wim Vriend (born 1941), Dutch water polo player See also *''Vriend v. Alberta ''Vriend v Alberta'' 9981 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation. The case involved a dismissal of a teacher because of his sexual orientation ...'', Supreme Court of Canada case {{surname, Vriend Dutch-language surnames ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights In Canada
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights. The current legal framework for the protection of human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial. The constitutional foundation of the modern Canadian human rights system is the Canadian Charter of Rights and Freedoms, Canadian Charter of Rights and Freedoms of 1982, which is part of the Constitution of Canada. Before 1982, there was little direct constitutional protection against government interference with human rights, although provincial and federal laws did provide some protection for human rights enforceable against government and private parties. Today, the Charter guarantees fundamental freedoms (free expre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
