‘Section 15(1)’ of the ‘Charter of Rights and Freedoms’ contains the constitutional guarantee of equality and it states:
‘Equality before and under law, and equal protection and benefit of law’
(1) “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”
Then, this Principle is immediately undermined by:
‘Affirmative action programs’
(2) “Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”
The political — and therefore, ‘flexible’ — tool that is subsection (2) means that the Constitutional Principle of Section 15(1) cannot really exist as a ‘Principle’, and merely serves as an inspirational introduction to the court-driven social engineering enabled by subsection (2).
As a result, legal equality of individual Canadian citizens has become a thing of the past. Continue reading “‘The Strange Case of Canadian ‘Legal Equality’”