In the two decades since Section 15 of the Canadian Charter of Rights and Freedoms came into effect, the right to equality has been one of the most hotly contested Charter rights, being disputed in over 350 reported court cases across Canada. It is a right that in very short order has become deeply engrained in Canadian legal, political, and social discourse. It has become a bedrock value, fundamentally reflecting and shaping how Canadians view themselves and their society.
Making Equality Rights Real critically assesses the state of equality jurisprudence from many angles. Collectively, these 13 essays attempt to advance substantive equality as section 15 of the Charter moves into its second generation. Each of the papers in this collection aims to deepen our understandings of the dynamics of inequality and oppression and so produce a richer more nuanced legal framework for eradicating discrimination and promoting substantive equality. With only two decades' experience with Charter equality litigation, the project to secure substantive equality remains a work in progress.
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Fay Faraday is a partner at Cavalluzzo Hayes Shilton McIntyre & Cornish LLP, a Toronto law firm specializing in labour, human rights, and public interest law. With a practice that focuses on constitutional and appellate litigation, labour, and human rights, she has extensive experience with equality rights litigation under the Charter at all levels of court, including the Supreme Court of Canada. She has been a member of LEAF's National Legal Committee and the National Steering Committee of the National Association of Women and the Law and has represented and consulted with numerous social justice and labour groups with respect to Charter equality litigation. She has published numerous papers on equality rights.
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