"Substantive equality" means ensuring that everyone, regardless of their differences, is treated fairly and has equal opportunities in important areas of life, such as education, employment, and healthcare. It focuses not only on treating everyone the same, but also on addressing and reducing the social, economic, and historical disadvantages that certain groups may face. In essence, it aims to create a level playing field where everyone has an equal chance to succeed and live a dignified life.
Full definition
The implications of the court's decision were significant for creating
substantive equality for women in the workplace, and were of particular importance to women with disabilities.
Canadian women have achieved considerable progress towards equality in the past few decades, but are still far from having reached
full substantive equality.
Even in the context of the criminal justice system, legal aid and funding tied to s. 15 of the Charter will often be inadequate to
advance substantive equality claims — particularly when the litigation targets systemic injustices.
This approach to equality is often referred to
as substantive equality and can be contrasted to contrasted to a «formal equality» underlying the amendments to the Native Title Act which requires that everyone be treated the same regardless of cultural difference or historical disadvantage (pp28 - 29).
The reluctance of courts to extend s. 15 to protect the economically marginalized is another reason why funding for litigation that raises
substantive equality issues should be decoupled from the need to make a s. 15 claim.
This legislative jungle will continue to make up the body of
substantive equality law unless and until we have the promised Single Equality Act.
Stream the interview to learn more about West Coast LEAF's analysis of the disproportionate harms to women caused by mandatory minimum sentencing and the need for
greater substantive equality in our criminal justice system.
The Human Rights Code promotes
substantive equality by having regard for individual and group needs, life circumstances and experiences of systemic injustice, not merely by treating everybody identically.
On April 24, 2015 the Supreme Court of Canada decided the Canadian Charter of Rights and Freedoms» guarantee of minority - language educational rights
protects substantive equality of minority - language education, not merely formal equality — and this is measured by the quality of the educational experience, not costs and practicalities.
The case obviously raises
important substantive equality issues, including the overrepresentation of those with mental health issues in solitary confinement.
Rather than encouraging claimants to present the strongest Charter case for the panel's consideration, one that best
redresses substantive equality issues, the panel will be burdened with sifting through claims awkwardly shoe - horned into s. 15.
Charter claims by marginalized groups that raise issues of national importance and are aimed at
improving substantive equality should be seriously considered, regardless of the specific Charter provisions they raise.
«When a private institution, such as Trinity Western University, seeks recognition as a provider of legal education to the public, it must respect the Charter's
substantive equality protections.
It therefore seems likely that, at least for now, Charter litigation to
advance substantive equality for the economically marginalized will often depend on provisions other than s. 15.
Based in Vancouver on Unceded Coast Salish Territories and focused on issues in BC, West Coast LEAF promotes
substantive equality for women and girls in the courts, in the legislature and in schools.
The second requires
substantive equality, combining fair equality of opportunity with limitations on inequality so as to maximize the position of the least well off group.
The purpose of the Code is therefore to promote «
substantive equality» rather than identical treatment.
One of the first principles taught in law school is the difference between formal and
substantive equality.
v. Promote diversity, inclusion,
substantive equality and freedom from discrimination in the delivery of legal services and the justice system
The starting point of an approach to the law that advances
substantive equality is to recognize the existence of older adults as a group who may in some respects have different needs and experiences from many younger persons, whether due to the accumulated effects of their life courses, social structures, or marginalization and stereotyping of older persons, and to take those particular needs and circumstances into account when designing laws, policies and programs.
If the CJEU and the national courts follow the recommendation, and take it duly into account when interpreting EU law measures regulating this area, then this is potentially a step closer towards
a substantive equality approach that, as argued by Jule Mulder [iii], is currently largely absent in EU law.