Chapter 12 - Equality Rights and Justice

• Equality rights and values help create an inclusive democracy

Human Rights Outlines

• The Constitution Act
• The Canadian Bill of Rights
• The Canadian Charter of Rights and Freedoms
• Provincial Human Rights Codes
• United Nations – Universal Declaration on Human Rights

Difference Between Human Rights Acts/Legislation

• The Canadian Constitution divides powers between provincial and federal governments
• The Canadian Bill of Rights was enacted in 1960 to guarantee rights to individuals in Canada
• The Canadian Charter of Rights and Freedoms guarantees rights and freedom and protects against infringement of these rights by the government

Formal vs Substantive Equality

• Formal equality means same equals equal, where individuals must be similarly situated to pursue their claim to equality
• Substantive Equality requires acknowledging the value of each human being and assessing the impact of alleged discrimination

Constitutional Equality

• Constitutions are the supreme law of the land, defining limits of government power
• The Canadian Constitution provides the division of power among federal, provincial, territorial, and municipal governments
• Liberty is retained after obeying the laws restricting that freedom
• Legal rights are recognized by law and are enforceable in court, including equality rights
• Liberty or freedom is doing something if wanted, so long as it doesn't hurt others or is illegal
• Rights are used to defend liberties

Equality vs Economic and Social Rights

• The Universal Declaration of Human Rights introduced economic, social, and cultural rights, including freedom to work, adequate living standards with food, clothing, shelter, and medical care, social security, as well as the rights to education, and cultural life
• The Charter does guarantee equality rights, although specific social and economic rights are not listed in Section 15
• The "five faces" of oppression, often mirrored in poverty, include exploitation, marginalization, powerlessness, cultural imperialism, and violence

Equality Rights Made in Canada

• Woman's leadership has shaped equality rights in Canada
• Advances in sex equality have benefited other equality-seeking groups in Canada

Canadian Bill of Rights

• The Canadian Bill of Rights recognizes and declares rights and freedoms
• The Canadian Charter of Rights and Freedoms consists of 34 sections in the Constitution Act (1982), that reintroduced Canada's statutory constitutional law, including the British North America Act (1967)

Canadian Constitutional Trialogue on Equality

• Prime Minister Pierre Trudeau wanted a statement of rights and freedoms in the new constitution that would give more guarantees than the Canadian Bill of Rights
• Having an entrenched Charter would apply to governments across Canada equally
• Equality rights in the Charter came from grassroots mobilization of people and groups in Canada

When is a Charter Guarantee not a Guarantee?

• Section 1 of the Charter allows governments to place limits on individual rights
• The Canadian Charter of Rights and Freedoms guarantees rights and freedoms subject to reasonable limits generally accepted in a free and democratic society with a parliamentary system of government
• Section 33 of the Charter lets the government "opt out" of rights
• Section 1 balances rights and freedoms, while section 33 lets governments decline respecting specific rights and freedoms listed

Statutory – Federal, Provincial, and Territorial Human Rights

• The Canadian Human Rights Act prohibits discrimination on eleven grounds:
• Disability
• Race
• National or ethnic origin
• Colour
• Religion
• Sex
• Sexual Orientation
• Marital Status
• Family Status
• Conviction for which a pardon has been granted

Lived Equality Rights

• Rights must be experienced to be more than words
• When violations go to court, it is important for judges to have the best available evidence on which to base their decisions
• The value of equality-based organizations being allowed to present information and evidence to judges as "interveners” key cases is less settled