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Difference between revisions of "Charter Rights: Equality Rights"

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{{REVIEWEDPLS | reviewer = [https://www.vancrimlaw.com/Lawyers/Brock-Martland-QC.shtml Brock Martland], Martland & Saulnier|date= July 2018}} {{Dial-A-Law TOC|expanded = rights}}
 
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The idea that all people should be treated equally is a core value in Canadian society. In fact, equality rights are enshrined in the ''Canadian Charter of Rights and Freedoms''.  
The idea that all people should be treated equally is a core value in Canadian society. In fact, equality rights are enshrined in the ''Canadian Charter of Rights and Freedoms''.  


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{| class="wikitable"
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|align="left"|'''Tip'''
|align="left"|'''Tip'''
For more on your rights under the Charter, see our [[Charter of Rights and Freedoms: Overview (Script 230)|overview of the Charter (no. 230)]] and our information on [[Charter of Rights and Freedoms: Legal Rights (Script 200)|legal rights (no. 200)]].  
For more on your rights under the Charter, see our [[Charter Rights: Overview (No. 230)|overview of the Charter (no. 230)]] and our information on [[Charter Rights: Legal Rights (No. 200)|legal rights (no. 200)]].  
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Section 15 of the Charter does not apply to every possible inequality in life. The Charter controls '''laws''' and '''government actions'''. It doesn’t control private citizens, businesses, or organizations. Before you can claim the protection of section 15, you must show you are being treated unequally by a law or by the action of  government, or some agency very closely connected to government, such as a school board or labour relations board.
Section 15 of the Charter does not apply to every possible inequality in life. The Charter controls '''laws''' and '''government actions'''. It doesn’t control private citizens, businesses, or organizations. Before you can claim the protection of section 15, you must show you are being treated unequally by a law or by the action of  government, or some agency very closely connected to government, such as a school board or labour relations board.


If a private individual, organization, or company violates your rights, you may be able to assert a claim under '''human rights law'''. Depending on the situation, you might be able to rely on the BC ''Human Rights Code'' or the Canadian ''Human Rights Act''. For more, see our information on [[Human Rights and Discrimination Protection (Script 236)|human rights and discrimination protection (no. 236)]], and [[Protection Against Job Discrimination (Script 270)|protection against job discrimination (no. 270)]].
If a private individual, organization, or company violates your rights, you may be able to assert a claim under '''human rights law'''. Depending on the situation, you might be able to rely on the BC ''Human Rights Code'' or the Canadian ''Human Rights Act''. For more, see our information on [[Human Rights and Discrimination Protection (No. 236)|human rights and discrimination protection (no. 236)]], and [[Protection Against Job Discrimination (No. 270)|protection against job discrimination (no. 270)]].


===To show your equality rights are being violated===
===To show your equality rights are being violated===
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In other cases, the remedy might be to '''"read in" wording''' to a law that violates equality rights, in order to address the inequality. For example, the phrase “same-sex couples” might be read in to the definition of “spouse” in a law, to clarify that the law does not discriminate based on sex.  
In other cases, the remedy might be to '''"read in" wording''' to a law that violates equality rights, in order to address the inequality. For example, the phrase “same-sex couples” might be read in to the definition of “spouse” in a law, to clarify that the law does not discriminate based on sex.  


[updated July 2018]
'''The above was last reviewed for legal accuracy by [https://www.vancrimlaw.com/Lawyers/Brock-Martland-QC.shtml Brock Martland], Martland & Saulnier.'''


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