Equality Rights

s.15 – Equality Rights (in general)

• Devine v. Quebec (A.G.), [1988] 2 S.C.R. 790 (Provincial legislation regulating use of French in commerce and business)
• McKinney v. University of Guelph, [1990] 3 S.C.R. 229 (mandatory retirement policy)
• R. v. Edwards Books and Arts Ltd., [1986] 2 S.C.R. 713 (Sunday closing)
• R. v. Turpin, [1989] 1 S.C.R. 1296 (accused requesting trial by judge alone)
• Eldridge v. British Columbia (A.G.), 1997 3 S.C.R. 624 (medicare not providing sign language interpreters)
• Sauvé v. Canada (Chief Electoral Officer), 2002 3 S.C.R. 519 (prisoner right to vote)

s.15(1) – Equality before and under law and equal protection and benefit of law

• Auton (Guardian ad litem of) v. British Columbia (Attorney General), 2004 SCC 78 (intensive behavioural therapy for preschool-aged autistic children)
• A.C. v. Manitoba (Director of Child and Family Services), 2009 SCC 30 (mature minor objects to blood transfusion)
• Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37 (photos required for all Alberta driver’s licences, Hutterian Brethren sincerely believe they cannot have their picture taken)
• Andrews v. Law Society of B.C., [1989] 1 S.C.R. 143 (citizenship required for call to bar)
• Delisle v. Canada (A.G.), [1999] 2 S.C.R. 989 (constitutionality of legislation excluding RCMP members from application of Public Service Staff Relations Act and Part I of Canada Labour Code)
• Egan v. Canada, [1995] 2 S.C.R. 513 (old age security legislation – definition of “spouse” restricted to person of opposite sex)
• McKinney v. University of Guelph, [1990] 3 S.C.R. 229 (mandatory retirement policy)
• Newfoundland (Treasury Board) v. N.A.P.E., 2004 SCC 66 (deferred commencement of wage adjustment payments under pay equity agreement)
• Reference re Same-Sex Marriage, 2004 SCC 79 (whether amendment to requirements for capacity to marry consistent with equality rights)
• The British Columbia College of Teachers v. Trinity Western University and Donna Gail Lindquist (private Christian university’s discriminatory practices)
• Ontario (Attorney General) v. M. and H. (benefits for same-sex spouses)
• Withler v. Canada (Attorney General), 2011 SCC 12 (whether reduced pension benefits discriminate against surviving spouses)

s.15(2) – Laws, programs and activities with the object to ameliorate conditions for disadvantaged individuals and groups

• R. v. Kapp, [2008] 2 S.C.R. 483 (exclusive Aboriginal communal fishing license; outlines test for s.15(2))