DCHP-2

equality rights Equality Rights DCHP-2 (October 2016)

• n. pl. — Law, Administration

  a Canadian Charter guarantee that every individual receives equal treatment before the law without discrimination.

  Type: 1. Origin — Equality rights are outlined in Section 15(1) of the Canadian Charter of Rights and Freedoms (see Justice Laws Canada reference, Part One of the Constitution Act of 1982, see Parliament of Canada reference). According to this section, all individuals possess the rights to "equal protection and equal benefit of the law" (see Government of Canada Publications reference) regardless of "race, ethnic origin, nationality, colour, religion, age, sex, mental or physical challenges". Moreover, equality rights also forbid discrimination on "analogous" grounds, or factors not outlined in section 15, such as sexual orientation or citizenship (see CBA-BC reference). The term equality rights replaced the term "non-discrimination rights" in the Charter (see the 1981 quotation) and section 15, known as the anti-discrimination clause (see Canadian Encyclopedia, s.v. "Canadian Charter of Rights and Freedoms"). Note that the Charter is not concerned with personal relationships or private businesses, as it relates to government actions and laws (see CRF reference).
  As seen in Chart 1, the term is most frequent in Canada, as elsewhere similar concepts are usually "equal rights" (see Chart 2).
  See also COD-2, s.v. "equality rights", which is marked "Cdn Politics".

  See also: employment equity  Charter  

  • 1981  Non-discrimination rights in the charter are now to be given the new heading of equality rights and, in deference to the many women's groups in particular, these rights will be specifically made to apply to equality under the law itself and not just in procedures before the courts. The Government has not agreed to change the wording from ''everyone" to ''every person" and has not expanded non-discrimination rights to the handicapped or to sexual orientation. ''These should be left to be protected by ordinary human rights legislation where they can be defined, the qualifications spelled out and the measures for protective action specified by legislatures," Mr. Chretien said. 
  • 1985  Equality rights are more than mere high-minded phrases in Canada's three-year-old constitution. 
  • 1990  After all, any Quebec law seen to suppress equality rights would ultimately be reviewed by the Supreme Court of Canada. 
  • 2000  John Fisher, a spokesman for Equality for Gays and Lesbians Everywhere, said he was pleased with the bill. "This is a historic day for equality rights in Canada," said Mr. Fisher, who was flanked at a news conference by gay-rights activists and a same-sex female couple. "Clearly this is a significant step forward." 
  • 2008  The Charter includes an equality rights section that protects the rights of women and minorities. It's a guarantee that American women still lack. 
  • 2011  Alongside equalization in the Constitution is the "equality rights" section, a Canadian legal innovation that outlaws discrimination based on "race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." Public debates, to say nothing of certain legal cases, are infused with arguments about equal treatment of men and women, whether people "of colour" are discriminated against, and whether disabled people are treated fairly. 
  • 2015  The cases pit religious freedoms against same-sex equality rights, with each side arguing discrimination.