SOSC 1350 - Week 6 - Part 1

Summary

This lesson delves into the two primary sources of equality rights in Canadian law: the Charter of Rights and Freedoms and human rights legislation. The Charter addresses government discrimination, particularly through Section 15, while human rights laws apply to private actors in contexts like employment and housing. The relationship between these two sources is crucial, as human rights legislation must conform to the standards set by the Charter. Through landmark cases like Andrews and Mayin, the lesson clarifies how these laws function together to uphold equality rights in Canada.

Takeaways

• 📜 The two primary sources of equality rights in Canadian law are the Charter of Rights and Freedoms and human rights legislation.
• ⚖️ The Charter was designed to rectify issues present in the earlier Bill of Rights, making it a more robust legal framework.
• 👩‍⚖️ Section 15 of the Charter prohibits discriminatory laws, allowing individuals to challenge laws perceived as discriminatory.
• 💼 Human rights legislation addresses discrimination in employment, services, and housing, primarily involving private actors.
• 🧑‍🏫 The Bill of Rights is still on the books but rarely used due to its limitations compared to the Charter.
• 🔍 Human rights legislation applies to everyday interactions with private entities, such as employers or landlords, rather than the government.
• 🌍 Each Canadian province has its own human rights code, leading to slight variations in how equality rights are enforced.
• 📈 The Charter sets the standard for all equality rights legislation in Canada, ensuring that human rights laws conform to its principles.
• 🔗 Cases like Andrews (1989) and Mayin (1999) illustrate the evolution of equality rights interpretations in Canada.
• 💡 Understanding the relationship between the Charter and human rights legislation is essential for recognizing how equality rights function in practice.

Q & A

What are the two main sources of equality rights in Canadian law discussed in the transcript?

The two main sources of equality rights in Canadian law are the Charter of Rights and Freedoms and human rights legislation.

Why is the Charter of Rights and Freedoms preferred over the Bill of Rights?

The Charter is preferred because it was written to avoid the problems of the Bill of Rights and is a more powerful piece of legislation as part of Canada's Constitution.

In what situations would an individual use the equality rights section of the Charter?

Individuals would use the equality rights section of the Charter when challenging a law that appears to be discriminatory, particularly in cases involving government actions.

What types of discrimination does human rights legislation address?

Human rights legislation addresses unjustified discrimination in employment, services, and housing, specifically related to private actors.

Can the Charter be applied against private individuals or actors?

No, the Charter cannot be applied against private individuals or actors; it is primarily used to challenge government laws.

What is the significance of the Andrews case in the context of equality rights?

The Andrews case is significant because it established a robust definition of equality under the Charter, influencing how equality rights are understood and applied.

How do provincial human rights codes relate to the Charter?

Provincial human rights codes must conform to the standards set by the Charter, meaning they need to reflect the principles of equality defined in the Charter.

What examples are given for applying human rights legislation in daily life?

Examples include situations where a boss enforces sexist hiring practices, a business discriminates against women, or a landlord charges different rents based on gender.

When was the clarification about applying human rights legislation based on the Charter made?

The clarification regarding the application of human rights legislation in relation to the Charter was made in the Mayin case in 1999.

What roles do the Charter and human rights legislation play in addressing equality rights?

The Charter addresses equality rights primarily in relation to government laws, while human rights legislation deals with everyday discrimination by private entities, providing a practical framework for individuals.