The Alchemy of Equality Rights
نویسندگان
چکیده
A clear legal test for equality is impossible, as it should be. Indeed were the clear, could not be equality. It would have to something other than — in effect, inequality. The abstract character of a new idea. In fact, Supreme Court Canada’s first decision under section 15 Canadian Charter Rights and Freedoms1 recognized “an elusive concept” that “lacks precise definition.”2 Why, then, do judges continue demand such definition over thirty years later? answer, at times, politics.
 1 s 15(1), Part I Constitution Act, 1982, being Schedule B Canada Act 1982 (UK), c 11 [Charter].2 Andrews v Law Society British Columbia, [1989] SCR 143 164, 56 DLR (4th) [Andrews].
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ژورنال
عنوان ژورنال: Constitutional forum
سال: 2021
ISSN: ['0847-3889', '1927-4165']
DOI: https://doi.org/10.21991/cf29422