discrimination based on race

discrimination based on race

Presently, section 15 of the Charter provides that every individual is equal before and under the law and has the rights to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. However, several provincial human rights statutes address circumstances where individuals suffer from some form of social or economic disadvantage in society. Do the various legislative attempts to deal with class issues assist the Supreme Court to expand the protection afforded by section 15 of the Charter? Please write an essay that explores the ability of the Court to insert ?social class? or ?social condition? as an analogous ground with in section 15 of the Charter. What sources of law indicate that the Court should add this new head as an analogous ground in the Charter? Are there societal factors which demand the inclusion of ?social condition? into our section 15 jurisprudence? On the other hand, what factors might preclude the inclusion of ?social class? in the Constitution? Is there any evolving jurisprudence that would justify this Constitutional addition to the equality guarantee? Please remember to answer these questions with the applicable Charter jurisprudence.

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