Social assistance, equality, and section 15 of the Charter.

Title: Social assistance, equality, and section 15 of the Charter.
Authors: Fainer, Andrew.
Date: 1993
Abstract: Prior to 1982 the Parliament of Canada and the legislatures of the provinces were the sovereign powers within their respective constitutional areas of legislative jurisdiction. In 1982, with the passage by the British Parliament of the Canada Act 1982, the Canadian Charter of Rights and Freedoms (hereinafter referred to as the "Charter") became part of the "supreme law of Canada". This thesis is composed of three distinct parts. The first part provides an overview of the Ontario social assistance system in its current state of transition. The second part consists of a response to the essential question of equality: what is the worth of a human being? A response to this question is sought within the framework of Western traditions. Based mostly upon a review of the literature and an analysis of the section 15 jurisprudence of the Supreme Court of Canada the third part consists of an evaluation of the likelihood of the courts interpreting section 15 of the Charter with regard to cases involving the social assistance system in a manner that is consistent with the conception of human worth and dignity developed in the first two parts of the thesis. It is proposed that the idea of equality requires a social assistance system to recognize the satisfaction of need which is outside the control of the individual, with need being understood to comprise the element of social participation, to be its goal and guiding principle. The underlying basis to this proposition is that equality is essentially a demand upon the human capacity to empathize. (Abstract shortened by UMI.)
CollectionTh├Ęses, 1910 - 2005 // Theses, 1910 - 2005
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