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Explanation
This section means that there are equal rights and benefits for everyone. The government cannot discriminate against you for reasons like sex, race, colour, religion, or disability. There are also “analogous grounds” that are not written in the Charter, such as sexual orientation. The law allows discrimination to help people who have been disadvantaged for one of these reasons, for example, because of a disability.
Section 15: Equality Rights
Section 15: Equality Rights
15. (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.
15. (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.
(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.
(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 Eldridge Case Eldridge v British Columbia (AG), [1997]
A case that shows equality rights is the case of Robin Eldridge and John and Linda Warren, who took the British Columbia government to court. Each of the people in this case was born deaf. Their preferred means of communication was ASL. They argued that "not providing interpreters impaired their ability to communicate with their doctors and other health care providers." The Supreme Court of Canada ruled that "sign language interpreters must be provided in the delivery of medical services where doing so is necessary to ensure effective communication.” This case shows that the government must provide services that can help people with a disability so that everyone benefits from the law equally.
When These Rights Could Be Justifiably Limited
Sometimes equality rights have to be limited. For example, why can’t a 5 year old can’t drive? They would probably crash, and they don’t have the ability to make the right choices. It is important to keep everybody safe, so age discrimination is allowed for driving. Also, when you get over 80, you have to take a test every two years. So some rights can be limited if it is for safety, but the limitation has to be justified.
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