Doctrine Of Equality In The Canadian Constitution

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Application of the Doctrine of Equality in the Charter of Canadian Constitution: A Critical Analysis

Abstract
This paper examines critically the application of the Doctrine of Equality in the charter of Canadian Constitution that how this concept has been accommodated and applied in relation to rule of law, good governance and human rights. In doing so the land mark cases of Canada will be given as reference. The constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government. Fundamental human rights reflecting civil and political rights constitute the conscience of the constitution. Equality right is one of the most significant rights of the human rights and this …show more content…

The idea as contained in this section is a combination of the English concept of ‘equality before law’ and the American concept of ‘equal protection of law’. The doctrine of equality is one of the most difficult doctrines to apply to real life situations.
Equality before the law, also known as equality under the law, equality in the eyes of the law, or legal equality, is the principle under which all people are subject to the same laws of justice. The author Anatole France said in 1894, "In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread."3 Equality before the law is one of the basic principles of liberalism4 .
The courts have therefore evolved some principles on the basis of equality and non discrimination can be tested. These principles are as follows
1. Discrimination, whether under substantive or procedural law, would be …show more content…

When a provision is intentionally introduced that has the effect of discriminating one group of people, it mat still be allowed if its purpose is to correct an imbalance that has occurred through discrimination in the past. Thus, the government may intentionally set out to hire women or specific ethnic minorities to get a better balance in the civil service. This is permissible even though it will have the effect of preventing people of other groups, such as Caucasian men, from having an equal opportunity to obtain those same jobs. Universities often have similar programs to encourage minorities to enter faculties to correct historical

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