*** Welcome to piglix ***

Section Fifteen of the Canadian Charter of Rights and Freedoms


Section 15 of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs (affirmative action) and rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools (religious education).

Rights under section 15 include racial equality, sexual equality, mental disability, and physical disability. In its jurisprudence, it has also been a source of gay rights in Canada. These rights are guaranteed to "Every individual," that is, every natural person. This wording excludes "legal persons" such as corporations, contrasting other sections that use the word "everyone," where "legal persons" were meant to be included. Section 15 has been in force since 1985.

Under the heading of "Equality Rights" this section states:

(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 Canadian Bill of Rights of 1960 had guaranteed the "right of the individual to equality before the law and the protection of the law." Equal protection of the law is a right that has been guaranteed by the Equal Protection Clause in the Fourteenth Amendment to the United States Constitution since 1868. Section 15 itself dates back to the earliest draft of the Charter, published in October 1980, but it was worded differently. It read,


...
Wikipedia

...