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

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, color, religion, sex, age or mental or physical disability.”
However, has this statement actually given significant advancements of equality rights in Canada for its citizens?

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

without being subjected to discrimination of race, sex, age, skin color, ethnic origin, mental and/or physical disability. Section 15(1) also addresses that the law must protect people of all races, sexual identity’s, physical appearances and mental disabilities from the presence of discrimination during the time in and out of the justice system. But to address the question in this essay on if section 15 of the Canadian Charter of Rights and Freedom has allowed for significant advancement of equality rights in Canada, the answer would have to be yes and will be explained throughout this essay by breaking parts of Section 15 of Canadian Charter of Rights and Freedoms to explain each section meaning, then there will be explanations about how and when Section 15 of the Canadian Charter of Rights and Freedoms has been implemented in the lives of its citizens and also how it has benefited the lives of each person who lives in Canada either as a permeant resident or as a legal citizen.

“Every individual is equal before the law and under the law”
This quote from Section 15 in the Canadian Charter of Rights and Freedoms in itself explains how each individual no matter if they are Caucasian, African American, Asian, Middle Eastern, permanent resident, or citizen, the law must be legally administered in the same equal manner to each individual citizen who lives in Canada. It also clarifies that each citizen of Canada is to be subjected to the exact same criminal restrictions and regulations if they commit a crime no matter their gender, race, or sexuality. However, this section also means that the law must also equally protect each citizen in the same way without preference to sex, gender, race or sexuality. This section provides precision that even if an African American male is accused of the same crime as a Caucasian woman, they will both be punished under the law and each will have the same type of justice administered to them for committing the crime.
“The right to the equal protection and equal benefit of the law”
This passage from the Charter clarifies that not only is each citizen of Canada is to be given the same legal benefits of the law but each individual who lives in Canada no matter their status has the legal right to equal protection by all administrators of justice. This segment further illuminates how each individual in Canada must be treated fairly and equally no matter their ethnic group, faith or gender. It also shows how individual has it in legal writing that every citizen in Canada must be protected by the law in the same way and be given law enforcement protection if they ever feel they are in danger of their “right to life, liberty and security” (Canadian Charter of Rights and Freedom, Section 7).

Section 15 court cases examples in benefitting citizens in Canada.
Section 15 of the Canadian Charter of Rights and Freedoms is labeled as “Equality Rights” (Neil Boyd, 128) in course textbook and charter of rights and freedoms for a reason.

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

because, as quoted from Landmark Case: Sexual Orientation and the Charter p.1 “sexual orientation was not included as a protected ground under the Individual Rights Protection Act” of Alberta. After being rejected by Alberta Individual Rights Protection Act, Vriend filed a statement stating that his unfair unemployment status due to discrimination towards his sexuality was a violation of his rights under Section 15 of the Canadian Charter of Rights and Freedoms. Vriend had taken his case to the Supreme Court on “November 4, 1997, and the written decision was released on April 2, 1998” (Landmark Case: Sexual Orientation and the Charter p.2). The final decision of the supreme court was that firing a person based on their sexual identity was against Vriend legal rights and “that the sections of the IRPA were unconstitutional and that “sexual orientation” should be read into the IRPA as a protected ground” (Landmark case: Sexual Orientation and the Charter p.3) .

In many cases, Canadian citizens have been able to appeal to the Supreme court if they felt that they were wronged by other citizens by discrimination which had violated their Section 15 right to equal treatment, on the other hand, there have been a few cases where people who were not fully Canadian citizens and were only permanent residents that had been discriminated against in Canada but used Section 15 of the Canadian Charter of Rights. An example of a case that had a situation in which a non-Canadian citizen used Section 15 in order to stop discrimination in Canada was in the legal case of Andrews v. Law Society of British Columbia. The Andrews vs. Law Society of British Columbia was a dispute that started when Mr. Andrews had been denied to practice law in Canada because he was not a Canadian citizen. Although Mr. Andrews had held all the legal credentials and education to be practice law, he was denied entry into the profession because he held citizenship in the United Kingdom instead of Canada. Mr. Andrews applied his case to the British Columbia Court of Appeal. Andrews had stated that he was being treated unfairly because of his citizenship and it was unfair that the profession he was applying to be in did not accept him because he was a citizen of United kingdoms. This situation was especially upsetting to Mr. Andrews because he was aware and noted that many other occupations in Canada did not require a Canadian citizenship but he was not allowed to practice law because he wasn’t a citizen of Canada. The British Columbia court of appeal ruled In favor of Mr. Andrews because it was unfair and it did show a violation of the Canadian Charter of Rights and Freedoms Section 15 equality human rights. The Andrews court case was based on if the requirement of Canadian citizenship is needed for employment in the legal profession in Canada and whether or not this was a violation of citizen rights in Canada, the supreme court of Canada agreed that legal requirement of Canadian citizenship was a section 15 violation. The reason on why Andrews case was so successful was because as “Every individual is equal” no matter their sexuality or nationally, lawyer and each must be treated equally under the law, the Andrew court case was a prime example of how section 15 of Canadian charter of rights and freedoms not only cares about the equality’s of Canadian citizens of Canada but also those who do not own citizenship but choose to live their lives in Canada.
Over the years, Canadian society has changed in multiple ways since its creation in July 1st, 1867. Although there were unspoken agreements between citizens on what was right and wrong, it took until April 17th, 1982 to have a legal Canadian Charter of Rights and Freedoms document stating what the fundamental rights of each Canadian citizen had. Although many could say that without the charter citizens would still consider understanding what each citizen legal rights are but humans are imperfect and tend to try to take away human civil rights away from each other. Having the Canadian Charter of Rights and Freedom forces each citizen, organization, government offices, and all types of different individuals that each person has an equal right in Canada because not only is it their human right, it is law binding to equally govern justice to each individual no matter their race, sexuality, gender, disabilities physical or mental or their original nationality. Discrimination is a hard issue to face in society, it isn’t one that people are generally comfortable and it is a hard subject to fight against for those who live with it in their everyday lives. Because of section 15 of the Canadian Charter of Rights and Freedoms Canadian citizens such as Delwin Vriend were given the chance to explain why it was unfair and unjust for a hardworking Canadian citizen to lose his job and be discriminated against because of his sexuality. Also for Cases such as the case of Andrews v. Law society of British Columbia, Mr. Andrews was given the legal right to fight to work in Canada a country he resides even though he was not a Canadian citizen. Administrators of justice in Canada have been legally forced to act lawfully and fairly towards each individual citizen of Canada regardless of race, religion, sex, sexual identity and country of origin and citizenship. Section 15 legally enforces people officers of the law, judges in the courts and citizens in town to practice the rules of law in an equal fair manner.