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  • SOC109 Lecture 18

Mark Andrews' Case

• Denied admission to the bar because of citizenship.
• Now he needs a lawsuit
• Naming
  • What's the problem?
  • Equality Rights
  • Denied admission because citizenship
• Blame
  • Who's responsible?
  • The bar
• Claim
  • What's the right that protects me
• Canadian Charter of Rights and Freedoms. Section 15. (1).
  • No discrimination based on race, national or ethnic origin…
  • That's where they got it?
  • Nah.
  • ethnic origin
    • Meaning the opps will say that they're discriminating based on current status, not original status of citizenship.
  • So what protects Mark Andrews?
  • equal benefit of the law without discrimination and, in particular without discrimination based on race,…
  • in particular means that this is not an exhaustive list. So they can wiggle around it.
  • The alliances are formed with all parties that can benefit from this statute being read differently.
• Now bro climbs the ladder of appeals
  • The supreme court of BC says it's not discrimination
  • The court of appeals says it is.
  • The federal supreme court also yapping.
• Andrews v. Law Society of British Colombia
  • They say he's allowed to join
  • That they have to change their policy
  • The laws the protect the rights to discriminate of organizations are now thrown out.
    • Judicial Review
• The Andrews Test
  • Anything that tries to act upon section 15 now must:
    1. Have actual differential treatment
    2. Based on one of the enumerated prohibited ground on section 15, or similar to
    3. Discriminatory because of an imposed burden or denied benefit.
  • Halpern v. Canada (AG) 2003
    • Now they call upon section 15 because sexuality wasn't enumerated in section 15, but is analogous to it.