Borderlines Podcast #42 – Section 15 of the Charter and Canadian Immigration, with Aidan Campbell

3rd Nov 2020 Comments Off on Borderlines Podcast #42 – Section 15 of the Charter and Canadian Immigration, with Aidan Campbell

Section 15 of Canada’s Charter of Rights and Freedoms provides that every individual is equal before and under the law and has the right to the equal protection and benefit of the law without discrimination. Aidan Campbell joins to discuss the application of s. 15 of the Charter to Canadian immigration law and the implications recent Supreme Court of Canada decision in Fraser v. Canada.

Aidan Campbell is an Associate at Mahon & Company, a progressive firm which practices in Criminal Law, Immigration and Refugee Law, Public Interest & Constitutional Litigation, Sex Worker Rights, Prisoners’ Rights, Professional Discipline. Extradition Law and Tenants’ Rights

 

Borderlines · #42 – Section 15 of the Charter and Canadian Immigration, with Aidan Campbell

Podcast Notes: 

Section 15 of Canada’s Charter of Rights and Freedoms provides that:

Section 15(1)  of the Charter  states:

  1. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability;

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Kahkewistahaw First Nation v. Taypotat, [2015] 2 S.C.R. 548, at paras. 19‑20) provides that to prove a prima facie violation of s. 15(1) , a claimant must demonstrate that the impugned law or state action:

  • on its face or in its impact,

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