What is the impact of s. 15 of the Canadian Constitution on equality rights?
Ontario, Canada
The following excerpt is from Cross v. Sullivan, 2003 CanLII 44082 (ON SC):
In Law Society of British Columbia v. Andrews, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, Wilson J. stated at p. 152: I believe also that it is important to note that the range of discrete and insular minorities has changed and will continue to change with changing political and social circumstances….It can be anticipated that the discrete and insular minorities of tomorrow will include groups not recognized as such today. It is consistent with the constitutional status of s. 15 that it be interpreted with sufficient flexibility to ensure the “unremitting protection” of equality rights in the years to come.
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