Aug. 30, 2023
Publication News: “Clarifications” or “Wholesale Revisions”? The Last Five Years of Equality Jurisprudence at the Supreme Court of Canada
'"Clarifications” or “Wholesale Revisions”? The Last Five Years of Equality Jurisprudence at the Supreme Court of Canada' reviews the six decisions that comprise that jurisprudence, drawing out the major points of contention on the role of substantive equality, the test for section 15(1), adverse effects discrimination, causation, evidence, contextualization, and positive obligations. Koshan and Watson Hamilton argue that while the section 15 majorities in the first three decisions – Alliance, Centrale, and Fraser – attempted to respond to the critiques of equality-seeking groups, these decisions could not paper over the profoundly ideological disagreements embedded in equality rights jurisprudence, particularly in cases of systemic discrimination.