Lexis Nexis Supreme Court Law Review, 2nd Series, Volume 114
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Détails des produits
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 shape the concepts of substantive equality and discrimination.
Table des matières
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
