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list price: $34.95
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category: Law
published: Nov 2009
ISBN:9781552211816
publisher: Irwin Law Inc.

Making Equality Rights Real

Securing Substantive Equality under the Charter

edited by Fay Faraday; M. Kate Stephenson & Margaret Denike, preface by Claire L'Heureux-Dubé

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discrimination, constitutional, gender & the law
0 of 5
0 ratings
rated!
rated!
list price: $34.95
edition:Paperback
also available: Hardcover eBook
category: Law
published: Nov 2009
ISBN:9781552211816
publisher: Irwin Law Inc.
Description

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.

About the Authors
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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M. Kate Stephenson is a lawyer at the law firm WeirFoulds LLP in Toronto and was called to the Bar in 1996. She has a litigation practice that focuses on human rights, constitutional, and administrative law. She has been counsel in several equality cases, often involving low income people and people on social assistance, often on a pro bono basis. In addition, she was seconded for two years (2002–2004) to the Clinic Resource Office of Legal Aid Ontario, where she was the clinic barrister, doing court litigation for clinics all across the province of Ontario. She was a member of the National Legal Committee of LEAF from 1999 to 2004, and she chaired that committee for two years.

As a law student, Ms. Stephenson was the director of the Centre for Spanish Speaking People's Student Legal Clinic, and presently, she is a board member of the Income Security Advocacy Centre in Toronto. In 2004 she received the first ever Advocates' Society Arleen Goss Young Advocates' Award; this award was created to acknowledge a lawyer who has been called to the bar for less than 10 years and who has demonstrated "innovative and passionate advocacy, contribution to social justice, and commitment to the community."

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Justice Claire L'Heureux-Dubé served on the Supreme Court of Canada for fifteen years, from 1987 to 2002. During that time, she participated in over six hundred Charter of Rights and Freedoms decisions.
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Margaret Denike is an assistant professor and coordinator of the Program in Gender Equality and Social Justice at Nipissing University in North Bay, Ontario. In 2005–2006, she was on sabbatical leave conducting research on equality jurisprudence and international human rights law as an LLM candidate at Queens University. She is a member and former co-chair of the National Legal Committee of LEAF.
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