Chapter 6 deals with the Charter’s “equality rights,” perhaps the most challenging section of the document. Beginning in 1989, the Supreme Court set out a test for the application of section 15, modified it in 1999, and revised it once again in 2008. The equality tests have been applied in cases dealing with the question of fetal rights, denominational school rights, social services, women’s rights, fathers’ rights, retirees’ rights, sexual orientation, the rights of the physically challenged, and affirmative action programs.
IAN GREENE was a professor of political science at York University, where he served as Dean of Arts and Science. He has written widely about judges, judging, and the Canadian court system. His other books include Honest Politics (with David P. Shugarman) and Judges and Judging (with Peter McCormick). Ian lives in Toronto.