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Supreme Court Law Review, 2nd Series, Volume 114

This book is a valuable resource for legal practitioners and scholars interested in current issues relating to equality rights litigation in Canada.
Publication Language: English
Book
$265.00
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Hardcover | 370 pages

In Stock
Published: March 21, 2024
ISBN/ISSN: 9780433531005

Product description

This book is a valuable resource for legal practitioners and scholars interested in current issues relating to equality rights litigation in Canada. Over the past decade, a number of decisions of the Supreme Court of Canada have revised the way that section 15 of the Canadian Charter of Rights and Freedoms is applied to legislation and government action, leaving the jurisprudence shifting and uncertain. This volume delves into many of the resulting difficulties and offers strategies for litigators as well as carving out issues for future academic research.

Contributors include leading scholars of equality and members of prominent advocacy groups for equality rights in Canada whose litigation efforts have helped to share the concepts of substantive equality and discrimination.

 

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Table of contents

 Table of Cases

Introduction: Litigating Equality—Cheryl Milne and Sophia Moreau, General Editors

PART I – MAKING SENSE OF THE JURISPRUDENCE
“Clarifications” or “Wholesale Revisions”? The Last Five Years of Equality Jurisprudence at the Supreme Court of Canada—Jennifer Koshan and Jonnette Watson Hamilton

Zombie Concepts: Contagion in Canadian Equality Law—Margot Young

Litigating Structural Inequality: Micro, Meso and Macro Dynamics—Colleen Sheppard

Finding Fault under Section 15 of the Charter: Miller J.A.’s Court of Appeal Dissent in Sharma—Anthony Sangiuliano

PART II – PRACTICAL IMPLICATIONS
Proving Discrimination: Evidentiary Barriers and Section 15(1) of the Charter— Benjamin Perryman

Demonstrating Discrimination: Judicial Notice, Legislative and Social Framework Facts and the Politics of Intervention—Adriel Weaver and Jessica Orkin

Interveners, Public Interest Litigation and Social Context: Advancing Equality Rights on Uneven Terrain—Raji Mangat

Analyzing the Treatment of Multiple Charter Claims: Judicial Restraint and the Case for Section 15—Cheryl Milne and Caitlin Salvino

Prosecutorial Discretion and the Equality Guarantee After Fraser v. Canada— Jonathan Thompson

Litigating Equality in Ottawa’s Taxi Industry: Metro Taxi v. City of Ottawa—Marion Sandilands, Thomas Conway, Abdalla Barqawi, Joseph Rucci and Sarah Nixon

PART III – EQUALITY BEYOND SECTION 15
Are You Serious? Litigating Section 28 to Defeat the Notwithstanding Clause—Dr. Kerri A. Froc

Advancing Equality Outside the Four Corners of Section 15—Kat Owens and Pam Hrick

Litigating Intentional Discrimination—Amitpal C. Singh