Law v Canada: New Directions for Equality under the Canadian Charter?

Grabham, Emily (2002) Law v Canada: New Directions for Equality under the Canadian Charter? Oxford Journal of Legal Studies, 22 (4). pp. 641-661. ISSN 0143-6503. (Access to this publication is restricted)

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Abstract

The equality provision in section 15 of the Canadian Charter of Rights and Freedoms 1982 was drafted with a vision of promoting substantive equality. Following challenges to this vision during the 1990s by a group of conservative Supreme Court judges, the recent judgment of Iacobucci J in Law v Canada (1999) has been welcomed for reasserting section 15's substantive ideal. But despite the effective manner in which the provision was drafted, and despite the recent guidelines set out in Law, interpretations of section 15 must continue to explore the complexities of intersectional inequalities and clarify any reliance on the ambiguous call to ‘human dignity’ if they are to maintain Canada's position near the forefront of progressive approaches to equality law.

Item Type: Article
Uncontrolled keywords: Equality
Subjects: K Law
Divisions: Faculties > Social Sciences > Kent Law School > Centre for Law, Gender and Sexuality
Faculties > Social Sciences > Kent Law School
Depositing User: Katrin Steinack
Date Deposited: 19 Dec 2007 18:17
Last Modified: 05 Sep 2011 23:20
Resource URI: http://kar.kent.ac.uk/id/eprint/487 (The current URI for this page, for reference purposes)
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