More equality rights seekers have lost than won at the Supreme Court of Canada which raises a fundamental question: why? To brainstorm possible answers, the first class reviews the record of wins and losses. To what should we attribute these outcomes? To equality rights doctrine, its application to factual contexts, both doctrine and context, or some other reason? In subsequent classes we examine some of the key themes that animate Charter equality controversies including, where time permits: grounds, substantive equality, discrimination, intersectionality, competing rights, proportionality, comparison, affirmative action, etc. The course requires you to apply at least one of these themes to a Charter equality rights topic that you research, present in class, and write about in a factum, feminist judgment, or essay. Your objective is to assess whether Charter equality rights doctrine makes social justice available to equality seekers and, if not, what change(s) you would recommend. Put differently, what values animate the Court's approach to equality rights and are they consistent with yours? Cross-listed with LAW 535.
More equality rights seekers have lost than won at the Supreme Court of Canada which raises a fundamental question: why? To brainstorm possible answers, the first class reviews the record of wins and losses. To what should we attribute these outcomes? To equality rights doctrine, its application to factual contexts, both doctrine and context, or some other reason? In subsequent classes we examine some of the key themes that animate Charter equality controversies including, where time permits: grounds, substantive equality, discrimination, intersectionality, competing rights, proportionality, comparison, affirmative action, etc. The course requires you to apply at least one of these themes to a Charter equality rights topic that you research, present in class, and write about in a factum, feminist judgment, or essay. Your objective is to assess whether Charter equality rights doctrine makes social justice available to equality seekers and, if not, what change(s) you would recommend. Put differently, what values animate the Court's approach to equality rights and are they consistent with yours? Cross-listed with LAW 535.
