Since then, through its public education, direct advocacy, and law reform initiatives, CAMWL has endeavoured to help shape a legal profession that is responsive to our collective obligation to promote
substantive justice and equality.
Not exact matches
v. Promote diversity, inclusion,
substantive equality and freedom from discrimination in the delivery of legal services
and the
justice system
These activities involve supporting lawyers in their efforts to meet obligations related to Regulatory Objective # 5: to «promote diversity, inclusion,
substantive equality and freedom from discrimination in the delivery of legal services
and the
justice system».
Rather than treating everyone the same,
substantive equality is an approach that recognizes
and celebrates differences
and ensures that historically disadvantaged people can actively participate in society
and access
justice.
Promote diversity, inclusion,
substantive equality and freedom from discrimination in the delivery of legal services
and the
justice system
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.
Meaningful access to
justice is required to provide assistance to individual women
and to continue to develop family law legal principles which reflect women's legal rights to
substantive equality.
Thus, it is accepted that for
justice to be served there must be an element of
substantive equality,
and that to rely on formal
equality is to deny
justice.18 As Professor Peter Bailey has pointed out, «adopting the principle of
substantive equality leads to difficult value judgements
and distinctions, but in the interests of
justice and human rights, there is no escape from this course.»
There is no dispute by the Aboriginal
and Torres Strait Islander Social
Justice Commissioner that the test proposed by the government is consistent with a
substantive approach to
equality.
There are also a number of relevant differences between native title
and ordinary forms of title which the Aboriginal
and Torres Strait Islander Social
Justice Commissioner has previously argued meet the test of being «reasonable, objective
and proportionate»
and accordingly mandate appropriately different treatment to achieve
substantive equality.