Section 15 Of The Charter Of Rights And Freedoms

Question 6: Discuss section 15 of the Charter of Rights and Freedoms in relation to whether it has allowed for a significant advancement of equality rights in Canada.

In reality, has the Canadian Charter of Rights and Freedoms allowed for meaningful improvement in the equality of its citizens lives? In section 15(1) and 15(2) of the Canadian Charter of Rights and Freedoms, it is written that

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability.”

“Subsection (1) does not preclude any law, program or activity

First through analyzing this statement then later explaining situations in which citizens of Canada have used section 15 to gain their legal rights we can state if section 15 in the Canadian charter of rights and freedoms has advanced equality rights of its citizens living in its country. Section 15 can be read to mean that each individual who lives in Canada and those who calls themselves a Canadian citizen has, in legal writing, the right to equal protection against criminal activity. Each person who is a permanent resident of Canada or citizen has the equal benefits of the law

Section 15 legally “prohibits discrimination” (p. 128 Neil Boyd), although there will always be many cases where people are given unequal treatment within the law, it is not the fault of the Canadian charter of a person being wronged of their rights. This section was set in legal writing in the Canadian Charter for the individuals who felt that they have been wronged by the law and by citizens in this country by discrimination. Any and all individuals can quote Second 15(1) if they feel that discrimination has occurred and they wish to be administered by the law fairly and equally in all circumstances. For example of a situation in which a Section 15 violation had occurred was in the case of Vriend v. Alberta (1998). The reason why this case was called for a Section 15 violation was because Delwin Vriend was fired and discriminated because of his sexual orientation as a gay man. In 1998, Delwin Vriend was known as a hard-working Canadian citizen who would generally receive promotions and salary increases for his prestigious work. However, in 1998 Vriend was fired on the basis of his sexual orientation. Vriend had first wanted to file the wrongfulness that he had experienced under as discrimination to the “Alberta Individual Rights Protection Act” however he was prevented from making a complaint