Article

Abandoning Comparator Groups in Withler

December 15, 2011
Social Media
Download
Download
Read Mode
Subscribe
Summarize
Comparison is often described as an essential component of equality. However, since the introduction of the Charter, the Supreme Court of Canada has struggled with how to appropriately and effectively incorporate comparison into its section 15 framework. Until recently, the process was operationalized through the use of "mirror comparator groups." However, after the Supreme Court's reformulation of the section 15(1) test in R. v. Kapp, there is uncertainty as to how, or even if, this approach is still relevant. Published in Charter and Human Rights Litigation by Federated Press.
Social Media
Download
Download
Subscribe
Republishing Requests

For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com.

For informational purposes only

This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors.