Anonymous

Difference between revisions of "Charter Rights: Equality Rights"

From Clicklaw Wikibooks
Line 42: Line 42:
Section 1 applies only to written laws. It does not apply to '''government actions'''. An example of a government action is a decision by a government official to deny benefits. Where a government action violates the Charter, section 1 does not let the government try to justify the violation. The action is unconstitutional.   
Section 1 applies only to written laws. It does not apply to '''government actions'''. An example of a government action is a decision by a government official to deny benefits. Where a government action violates the Charter, section 1 does not let the government try to justify the violation. The action is unconstitutional.   


===Remedies if a Charter right is violated===
==Remedies if a Charter right is violated==
If you prove your equality rights under the Charter have been violated, and the government cannot justify the violation as a reasonable limit under section 1, the next question is what kind of '''remedy''' is appropriate. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.
If you prove your equality rights under the Charter have been violated, and the government cannot justify the violation as a reasonable limit under section 1, the next question is what kind of '''remedy''' is appropriate. A remedy is a court order to give someone their legal rights or to compensate them for their rights not being respected.


9,075

edits