(DOWNLOAD) "Sexual Orientation and the Charter: The Achievement of Formal Legal Equality (1985-2005) and Its Limits." by McGill Law Journal # eBook PDF Kindle ePub Free

July 10, 2021

eBook details

Title: Sexual Orientation and the Charter: The Achievement of Formal Legal Equality (1985-2005) and Its Limits.
Author : McGill Law Journal
Release Date : January 01, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 366 KB

Description

Canada is one of the leading countries in the world in the strength of its legal protection against sexual orientation discrimination and in the progress it has made toward securing equal rights and opportunities for its lesbian, gay, and bisexual ("LGB") minority. The author details the achievement of formal legal equality through the courts', particularly the Supreme Court of Canada's, Charter decisions since section 15 (the equality provision) of the Charter first became effective. He focuses on the topics of criminal law, employment, unmarried same-sex couples, LGB parenting, and civil marriage for same-sex couples. By canvassing the landmark cases in these areas, he examines the Charter dialogue between the courts and legislatures and the political results of these equality decisions. The author hypothesizes that future Charter litigation will concern the limits of formal legal equality. This is so because once a group that has historically faced pervasive direct discrimination achieves formal legal equality (based on claims of "sameness"), attention immediately shifts to indirect discrimination (based on claims of "difference"). As in the case of Little Sisters, where the Supreme Court was unwilling to make exceptions to the definition of obscenity for the LGB minority, sexuality is one area that is likely to remain a focus of the struggle for substantive equality.