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Making Equality Rights Real : Securing Substantive Equality  under the Charter - Fay Faraday

Making Equality Rights Real

Securing Substantive Equality under the Charter

By: Fay Faraday (Editor), Margaret Denike (Editor), M Kate Stephenson (Editor)

Paperback

Published: November 2009
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In the two decades since Section 15 of the Canadian Charter of Rights and Freedoms came into effect, the right to equality has been one of the most hotly contested Charter rights, being disputed in over 350 reported court cases across Canada. It is a right that in very short order has become deeply engrained in Canadian legal, political, and social discourse. It has become a bedrock value, fundamentally reflecting and shaping how Canadians view themselves and their society. Making Equality Rights Real provides a critical assessment of the state of equality jurisprudence from many angles and seeks to build bridges from the aspirations to the reality of substantive equality. Collectively, these 13 essays attempt to craft a more secure footing for substantive equality as section 15 of the Charter moves into its second generation Each of the papers in this collection aims to envision ways in which we can deepen our understandings of the dynamics of inequality and oppression and so produce a richer more nuanced legal framework for eradicating discrimination and promoting substantive equality. With only two decades' experience with Charter equality litigation, the project to secure substantive equality remains a work in progress.

Forewordp. ix
Acknowledgmentsp. xv
Introductory Materials
Preface: The Honourablep. 3
Introduction: In Pursuit of Substantive Equality: Fay Faradayp. 9
What Does Equality Mean?
The Wrongs of Unequal Treatmentp. 31
Equality, Comparison, Discrimination, Statusp. 73
Answering the Siren Call of Abstract Formalism with the Subjects and Verbs of Dominationp. 99
Discrimination and Dignityp. 123
Law v. Meiorin: Exploring the Governmental Responsibility to Promote Equality under Section 15 of the Charterp. 179
Equality Claims in Context
Women Are Themselves to Blame: Choice as a Justification for Unequal Treatmentp. 209
The Law Test for Discrimination and Gendered Disability Inequalityp. 245
Equality Rights and the Charter: Reconceptualizing State Accountability for Ending Domestic Violencep. 275
Women's Poverty is an Equality Violationp. 319
The Supreme Court, the Law Decision, and Social Programs: The Substantive Equality Deficitp. 345
Shifting and Blending Paradigms: The Charter, Statutory Human Rights, and International Human Rights
Postcards from O'Malley: Reinvigorating Statutory Human Rights Jurisprudence in the Age of the Charterp. 373
Formulaic Comparisons: Stopping the Charter at the Statutory Human Rights Gatep. 409
International Law as a Strategic Tool for Equality Rights Litigation: A Cautionary Talep. 443
Appendices: LEAF Facta
Newfoundland (Treasury Board) v. N.A.P.E.p. 471
Auton (Guardian ad litem of) v. British Columbia (Attorney General)p. 493
Contributorsp. 515
Indexp. 523
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781552211816
ISBN-10: 1552211819
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 527
Published: November 2009
Publisher: Irwin Law Inc
Country of Publication: CA
Dimensions (cm): 22.61 x 14.73  x 2.54
Weight (kg): 0.75