What does section 15 subsection 2 of the Charter mean?
affirmative action programs
The purpose of including the affirmative action programs in section 15(2) of the Charter is to protect government programs that only benefit specific disadvantaged groups from otherwise being viewed as discriminatory under section 15.[11] Disadvantaged groups include those that may have been historically marginalized …
Why is Section 15 of the Charter important?
Section 15 of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be treated with the same respect, dignity and consideration.
Which court case determined that discrimination against permanent residents pursuant to section 15 of the Charter is prohibited?
The concept of enumerated or analogous grounds originated in the essential 1989 Andrews case to refer to personal characteristics that, when being the basis of discrimination, show the discrimination is unconstitutional under section 15.
What are analogous grounds of discrimination?
Analogous Grounds of Discrimination. Section 15(1) contains nine “enumerated grounds”—race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability. These grounds are personal and unchangeable characteristics. Laws that discriminate based on enumerated grounds violate section 15.
What are the limits of Section 15 of the Charter?
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
What is section 15 A?
Section 15A in The Protection Of Civil Rights Act, 1955. 15A. (1) Duty of State Government to ensure that the rights accruing from the abolition of” untouchability may be availed of by the concerned persons.
What is Section 15 of the Charter called?
Provision. 15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
What happens when someone violates a Charter right in Canada?
If you think a provincial or federal law or action violates your Charter rights, you can ask a court to strike down the law or grant another remedy. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.
What are the limits of section 15 of the Charter?
What is justified discrimination?
The Equality Act says discrimination can be justified if the person who’s discriminating against you can show it’s a proportionate means of achieving a legitimate aim. If necessary, it’s the courts which will decide if discrimination can be justified.