Equality Rights•S. 15: (1) Every individual is equal beforeand underthe law and has the right to the equal protectionand equal benefitof the law without discriminationand, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex,age or mental or physical disability. (1985)•Formal equality: treat likes alike (eg. Lavell & Bedard cases)•Substantive equality: an approach that recognizes patterns of disadvantage and oppression exist in society and requires that law makers and government officials take this into account in their actions.•Andrews (1989)–impugned: Law Soc of BC regulation requiring lawyers to be citizens.–Mark Andrews: UK citizen, took law in UK, married a Canadian, wanted to practice in BC. Had to wait 3 yrs for citizenship. Claimed reg. violated S. 15.–Andrews lost at trial, won in BC CA and SCC.–McIntyre wrote opinion re how Ct would interpret s. 15:
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Andrews (cont’d)•Formal equality approach rejected.•–Problem with formal equality is that it might justify differential treatment on account of race.–Broader dn of equality in Charter a signal to adopt a more substantive approach to equality: “all … are recognized at law as human beings equally deserving of concern, respect and consideration.”–Many laws distinguish, some legitimately. S. 15 prohibits•discrimination, which is a distinction that imposesburdens, obligations, or disadvantages on an individual or group, or withholds benefits available to others, based on personalcharacteristics rather than merit or capacity.•Prohibited personal characteristics include the enumeratedgrounds in S. 15 (race, national or ethnicorigin, colour, religion, sex, age or mental or physical disability) or analogousgrounds. •Approach recommended by LEAF.