Andrews v. Law Society of British Columbia was the first
equality rights case in which the Supreme Court of Canada considered s. 15 of the Canadian Charter of Rights and Freedoms.
The firm has represented the Canadian Labour Congress in numerous Supreme Court of Canada freedom of association and
equality rights cases and has also worked with international organizations seeking to protect workers» rights.
Acted on several matters before the Supreme Court of Canada, including one of the country's leading
equality rights cases (R v Kapp) and the leading case in Canada on environmental claims within the context of insolvency proceedings (Re AbitibiBowater)
Our lawyers have also been at the forefront of many
equality rights cases, including the first Supreme Court of Canada decision to deal with the Charter's equality rights provision, Andrews v. Law Society of British Columbia.
Some of our other
equality rights cases include Jane Doe v. Metropolitan Toronto (Municipality) Commissioners of Police, Nova Scotia Workers» Compensation Board v. Martin and Lovelace v. Ontario.
Not exact matches
The liberal elite who occupy the positions of influence in deciding
cases under human
rights or
equality laws tend to use them as a tool to achieve the results that conform to the fashionable values they have absorbed or which prevail in the social environments in which they live, are educated and work.
If you mean she dehumanizes men, domineers and abuses the men in her life, and doesn't believe in
equality when it comes to child custody
cases — unfortunately you may still be
right.
While new fathers as well as new mothers have a «
right to ask for flexible working» (i.e. their employers have to come up with a very good «business
case» to deny them this), this is where
equality ends.
The President of the European Humanist Federation (EHF), David Pollock, said: «The European Court of Human
Rights is an essential bastion of
equality and non-discrimination but has shown signs of being politically intimidated — for example in the
case about the Italian law compelling schools to display crucifixes.
The British Humanist Association (BHA) has applauded the EcHR for «applying the
right principles» to the
cases — principles of
equality and human
rights, and for dismissing three of the
cases of alleged discrimination.
The initiative, which Ms Kelly claimed could boost the UK economy by as much as # 23 billion per year, will see unions working with «
equality representatives» to increase flexible working
rights and resolve discrimination
cases.
The Welsh secretary previously argued its «whites - only» membership policy was currently being changed following an aborted court
case against it by the
Equalities and Human
Rights Commission (ECHR), but that while it was not reformed, it remained an illegal group.
The outcome of this
case should spur Nigerians to always insist on the rule of law, no matter the short term inconveniences, as it plays a crucial role in ensuring that political
rights and civil liberties are safe and that the
equality and dignity of all citizens are not at risk.»
This week, The Wall Street Journal published an op - ed by Theodore J. Boutrous, Jr. and Joshua S. Lipshutz, two lead members of the legal team behind Vergara v. California and the new federal education
equality lawsuit, Martinez v. Malloy, in which the attorneys make the
case for a constitutional
right to education and federal legal protections for disadvantaged students.
«Two years ago, when I wanted to give a speech outlining the
case for marriage
equality in New York, I came
right here to this stage at The Cooper Union, because I believe that marriage
equality is the civil
rights issue of our time.
(2) The judicial dicta in the
cases deciding the ambit and scope of the status of EU citizenship and
rights contained therein has established that the telos of the positive law is to establish a fundamental and autonomous status of
equality for all Member State nationals which guarantees a set of political and economic
rights implemented via secondary legislation;
In
case you have forgotten, after years of study, the law society mandated that all licensees make a commitment to some simple principles: not to discriminate, abide by workplace policies, promote
equality and observe human
rights legislation.
This was a very significant
case for women's
equality rights as it gave LEAF and its coalition partners an opportunity to elaborate on the key human
rights concepts of adverse - effect discrimination and the duty to accommodate, as well as to argue against the idea of «reverse discrimination».
But on the constitutional issue of balancing the allegedly competing considerations of religious liberty and
equality rights, the Court gets it quite
right when it concludes that «[t] his
case demonstrates that a well - intentioned majority acting in the name of tolerance and liberalism, can, if unchecked, impose its views on the minority in a manner that is in itself intolerant and illiberal.»
He is frequently instructed by local authorities, housing associations and tenants on
cases concerning human
rights and
equality issues.
«Today's decision acknowledges that there is a need to balance freedom of religion and
equality rights in this
case.
Four issues had been identified by the parties: (i) whether the Court of Appeal had correctly held that the 2009 and 2010 care plan reviews were to be read as including a reassessment of the claimant's community care needs; (ii) whether the authority's decision to provide pads interfered with the claimant's Art 8
rights and, if so, whether such an interference was justified and proportionate; (iii) whether the authority had been operating any relevant policy or practice for the purposes of s 21E (1) of the Disability Discrimination Act 1995 (DDA 1995) and, if so, whether that policy was justified as a proportionate means of achieving a legitimate aim, namely the equitable allocation of limited care resources; and (iv) whether the authority had failed to have due regard to the needs specified in s 49A of DDA 1995 (the general disability
equality duty) when carrying out their functions in the instant
case.
The Program provided funding to minority, women's and other disadvantaged groups to launch «test court
cases» challenging laws that may violate
equality rights under the Canadian Charter of Rights and Fre
rights under the Canadian Charter of
Rights and Fre
Rights and Freedoms.
8 In other words, while the decision was unquestionably a victory for female
equality at the time, it was, at its heart, a
case about statutory interpretation, not constitutional
rights.
Should this be the
case, the domestic court needs to examine then if the permanent deferral is compatible with fundamental
rights protected by the EU Charter and in particular with the
equality principle (para. 45).
The
case engages fundamental issues of Constitutional and human
rights and administrative law — including the delineation of
equality rights, religious freedoms, and the LSUC's jurisdiction as an administrative decision - maker.
I am hoping that the court «s role in this
case will strike at the very existence of an absolute immunity under two guiding principles:
equality under the law (especially when the alleged wrong has been committed by a person who should be held to the highest standards of conduct in exercising a public trust; and any infringement of the Canadian Charter of
Rights and Freedoms constitutes «improper purpose» aimed at gaining a private collateral advantage.
Has acted in several major
cases where fundamental freedoms were at stake, notably freedom of conscience and religion, freedom of expression, freedom of association and
equality rights.
This particular
case involves a conflict between two Charter
rights: (1) the
right to freedom of religion and (2) the
right to
equality.
The lawyers of MMC have significant experience in Charter litigation, particularly in
cases involving progressive
equality rights.
Since the spring of 2009, the CCD Human
Rights Committee has been involved in four very important
cases involving the interpretation of
equality and persons with disabilities.
The
case involves
equality and freedom of religion — both important human
rights issues.
CCD / CACL agree with McLaughlin J. (as she then was) when she stated,»... I am of the view that this is not at base a
case about discrimination under s. 15 of the Canadian Charter of
Rights and Freedom, and that to treat it as such may deflect the
equality jurisprudence from the true focus of s. 15....
This
case provides an important opportunity to explore how
equality rights should be balanced against religious freedom.
Our labour lawyers were among the first to use the Charter to attempt to advance the
equality rights of gay and lesbian employees in grievance arbitration
cases, such as Carleton University and C.U.P.E., Local 2424.
In more recent years, we have represented clients in every major
case in which the Supreme Court of Canada has dealt with the Charter
equality rights of gay men and lesbians including, among others, Egan v. Canada, Vriend v. Alberta, M. v. H., and Little Sisters Book & Art Emporium v. Canada (Minister of Justice).
The difference between those
cases and here is that there it was limiting X's freedom in the interest of Y's
equality rights.
Perhaps these
cases aren't about women's
rights, but they are about how
equality rights should be interpreted and extended.
The display, which is free for the public, contains medals and programmes from the 1908 and 1948 London Olympics and examples of legal
cases highlighting the professionalisation of sport, the dangers of commercialisation, balancing the
rights of players, clubs and fans, and supporting
equality and diversity.
US v. Windsor (the DOMA
case) is about Congress's power over marriage and about fundamental
rights and about
equality and about the proper role of the judiciary and about methods of constitutional interpretation.
[269] In the recent
case of Trinity Western University v. College of Teachers (British Columbia)(106), the Court dealt with the potential conflict between religious freedoms and
equality rights.
Democratic theories of majority rule and
equality before the law often give insufficient regard to minority
rights, and this inherent tension has found its way into Aboriginal
cases.
Chemerinsky argued that taking another important civil
rights case soon after Brown would have affirmed the decision's force that the Equal Protection clause was not about formal
equality, but about anti-subordination.
The 1960 Canadian Bill of
Rights affirmed the
right to
equality before the law and, in the Drybones
case, the Supreme Court of Canada held that an Aboriginal person had been unfairly discriminated against on the basis of race by being convicted under an Indian Act provision that made it an offence for an Aboriginal person to be intoxicated off - reserve.
The program provided funding for court
cases of national significance that had the potential to advance constitutional language or
equality rights.
s. 15 would not even exist without the robust discussions around the delineations of
equality rights found in
cases like Andrews, Egan, Vriend, M v H, Miron, Corbiere, and Lavoie.
The Program provides funding to help minority, women's and other disadvantaged groups so they can launch «test court
cases» challenging laws that may violate
equality rights under the Canadian Charter of Rights and Fre
rights under the Canadian Charter of
Rights and Fre
Rights and Freedoms.
For example, if statutes prevented them from ruling in favour some
case where marriage
equality rights would be upheld, but they did not wish to set that precedent.
The courts have traditionally attempted as much as possible to balance competing
rights, and in this
case it should be possible to do so without giving «
equality rights» the trump card.
The EHRC has power to participate in human
rights cases before the courts and to seek judicial review of decisions raising human
rights issues, but the legacy of history will encourage the new commissioners to keep
equality as the dominant focus of its activity.