Wednesday, March 30, 2011 - Halpern Case: - dealt with the...

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Halpern Case: - dealt with the constitutionality of the common law, judge-based definition of eligibility of marriage - this used to only look at the union of one man and one woman, with the exclusion of all others - BC, Ontario and Quebec challenged this definition Dignity Based Approach to s15: - in order to decide whether s15 rights are violated, we ask three questions (SEE HANDOUT) (a) denying a benefit or excluded from an institution (ex: denied a pension) (b) sexual orientation is now recognized - the point of B is that we need to know if the exclusion is on the basis of a grounds of discrimination (c) the main question that does the most work for this dignity based approach: given the circumstances, does excluding or disadvantaging (see handout) - what is it to deny someone's dignity? - how would a reasonable person, in the claimants shoes, feel, if they were excluded in this way? - it would be wholly inaccurate to lay out some single set of criteria but it could depend on a number of contextual factors which can be weighed differently in a different number of cases (1) historical disadvantage: a group that has suffered from social, economic and political disadvantage (2) whether the law actually represents or responds to your real circumstances, or whether it stereotypes you - maybe you don’t really need the benefit, maybe you shouldn’t be a part of the institution - or does it reflect another groups image of you? (3) if you are denied a benefit which has social significance, this is different than being denied a trivial benefit that does not have any significant affect on your life (4) does this law better the position of other people? does the law have an ameliorative purpose?
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This note was uploaded on 11/18/2011 for the course PHL 271H1 taught by Professor Professormoreau during the Spring '11 term at University of Toronto- Toronto.

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Wednesday, March 30, 2011 - Halpern Case: - dealt with the...

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