Analysis Of Section 15 Of The Canadian Charter Of Rights And Freedoms

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Section 15 of the Canadian Charter of Rights and Freedoms guarantees everyone the right to equal protection and equal benefit of the law without discrimination [based on several grounds] (Charter, s. 15). Throughout history, however, millions of acts of discrimination have occurred. The courts have recognized the impact of this discrimination on our society and are actively working to address it. One solution has been to implement programs, laws, and activities aimed at improving the conditions of historically disadvantaged groups to promote equity. These implementations are known as affirmative actions. Affirmative action policies are constitutional since they are protected under section 15 of the Charter of Rights and Freedoms, as they align …show more content…

Section 15(2) clarifies that Section 15(1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups, including those that are disadvantaged because of race, national or ethnic origin, colour, religion, gender, age or mental or physical disability (Charter, s.15, supra). Chief Justice McLachlin, concurring with the majority on Section 15, observed that discrimination perpetuates the harmful view that an individual is less capable or deserving of respect, consideration, or value within Canadian society (Quebec (A.G.) v. A, [2013] 1 S.C.R. 61, paragraph 417). Affirmative actions are constitutionally valid under Section 15 of the Canadian Charter of Rights and Freedoms because they align with the Charter’s commitment to substantive equality and its express authorization to support historically disadvantaged …show more content…

v. Law Society of British Columbia laid the groundwork for understanding that equality under the Charter can—and should—include policies aimed at addressing real-world inequalities based on systemic disadvantages. Affirmative action is consistent with the Constitution when its purpose is to address specific disadvantages and promote equal opportunities for those who have historically faced barriers. For instance, in R. v. Kapp ([2008] 2 S.C.R. 483), non-Indigenous fishers argued that a federal fishing license granted to three Indigenous groups discriminated against them. The Court further affirmed that Section 15(2) protects affirmative action programs from claims of "reverse discrimination." The Court clarified that Section 15(2) allows governments to create programs benefiting disadvantaged groups without being vulnerable to claims of discrimination by other groups. Section 15 of the Canadian Charter of Rights and Freedoms provides a basis by which true equality in Canada may be attained, as it acknowledges that fairness will sometimes require specific support for disadvantaged groups. Protected under this section, affirmative action policies help correct past injustices and thus create a more inclusive

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