Ep 135 Muskoka Chair Charter Chats Ch 6 -- Equality Rights and Constitutional Remedies

We’re back with Carissima Mathen and the last of our special summer series of “explainers” on the Canadian Charter of Rights and Freedoms. Today, Carissima walks us through two last issues: the equality rights in section 15 of the Charter; and the two remedies sections, section 52 of the Constitutional Act 1982 and section 24 of the Charter. The text of these provisions is reproduced below. As noted, this is our last Muskoka Chair chat. We hope people have enjoyed this deep dive into the Charter. Please give us a shout out if so, on iTunes or wherever you listen to your podcasts, and help other people find INTREPID. We’re back after a brief pause for the beginning of the academic year. Thank you for your continued interest.

15. (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.

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

(2) The Constitution of Canada includes

(a) the Canada Act 1982, including this Act;

(b) the Acts and orders referred to in the schedule; and

(c) any amendment to any Act or order referred to in paragraph (a) or (b).