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Diminishing Returns - Inequality and the Canadian Charter of Rights and Freedoms

This outstanding set of human rights law papers offers a snapshot of equality rights in Canada 20 years after section 15 came into force. It reconsiders the early expectations of equality advocates and traces the rise and decline of substantive equality in SCC jurisprudence.
Publication Language: English
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$190.00
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Softcover | 442 pages

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ISBN/ISSN: 9780433453970

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Diminishing Returns - Inequality&; the Canadian Charter of Rights and Freedoms is an outstanding set of human rights law papers that offers a snapshot of equality rights in Canada 20 years after section 15 came into force. Diminishing Returns reconsiders the early expectations of equality advocates and traces the rise and decline of substantive equality in SCC jurisprudence. The authors place equality victories and losses in their broader social, economic and political context and consider whether it remains possible to move Canadian equality law forward. The contributors raise troubling questions about the utility of equality litigation in face of the re-emergence of formal equality reasoning, judicial deference to legislatures and the Supreme Courts' reluctance to address discriminatory state action where the remedy would require the expenditure of public funds.

Some of Canada's greatest constitutional experts and most experienced equality litigators and activists have contributed to this authoritative and ground-breaking work.

Features and Benefits

  • Legal Insight - the current equality regime and the legal protections available gives you a source of novel arguments to raise in the protection of rights
  • Critical Historical Analysis - allows you to follow the patterns of jurisprudence and political change that influence the application of section 15
  • Expert Commentary - predicts the present and future of equality rights in Canada and suggests new direction for rights protection
  • Multi-disciplinary Approach - provides an array of talent and commentary from both advocates and academics giving you insight from a variety of perspectives

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Table of contents

Part I Charter Equality Jurisprudence: Where Are We Now?
Bruce Porter: "Twenty Years of Charter Equality Rights: Reclaiming Expectations"
Margot Young: "Blissed Out: Section 15 at 20"
Mayo Moran: "Protesting Too Much? Rational Basis Review Under Canada's Equality Guarantee"
Sheila McIntyre: "Deference and Dominance: Equality Without Substance"
Sonia Lawrence: "Choice, Equality, and Tales of Racial Discrimination: Reading the Supreme Court on s. 15"
Dianne Pothier: "The Conundrum of Comparators"
Yves LeBouthillier: « Le concept d'égalité dans les dispositions linguistiques et à l'article 15 de la Charte: y a-t-il des liens? »
Part II - Equality Thinking in Hard Times
Sunera Thobani: "What's Rights Got to do with it? Citizenship in an Age of Terror"
Lee Lakeman: "The Relevance of Rights for Systemic Change for Women"
Nathalie Des Rosiers: « Frein, moteur et levier : le droit à l'égalité, les droits économiques et sociaux et le développement des politiques publiques au Canada
Pearl Eliadis: "Normative Approaches to Policy Development: Inscribing Charter Values in the Policy Process"
Colleen Sheppard: "Constitutional Equality and Shifting Conceptions of the Role of the State: Obstacles and Possibilities"
Part III - Equality Applied
Sanda Rodgers: "Misconceptions: Equality and Reproductive Autonomy in the Supreme Court of Canada"
Hester Lessard: "Charter Gridlock: Equality Formalism and Marriage Fundamentalism"
Shelley Gavigan: "Equal Families, Equal Parents, Equal Spouses, Equal Marriage: The
Case of the Missing Patriarch"
Ena Chadha: "Reconstructing Disability: Integrating Disability Theory into s. 15"
David Schneiderman: "Universality vs. Particularity: Litigating Middle Class Values under s. 15"
Mary Eberts: "Section 15 Remedies for Systemic Inequality: "You Can't Get There from Here""