This article examines the contribution made by the Supreme Court of Canada's decision in Withler v. Canada (Attorney General) to equality rights jurisprudence under s. 15(1) of the Canadian Charter of Rights and Freedoms. The Court's approach to issues concerning substantive equality, the use of comparative analysis and comparator groups In Withler, the comparator group is survivors under the age of 60 or 65. In Kapp, it's aboriginal commercial fishers. In Alberta v Hutterian Brethren of Wilson Colony, [2009] S.C.J. No. 37, it's non-Hutterian drivers. Withler leaves lawyers and judges with the impression that comparator groups are unimportant to the s. 15 analysis. If you "sort The 2011 Supreme Court case of Withler v. Attorney General (Canada) was a section 15 Charter class action against federal legislation for alleged age discrimination. Though the Court ruled against the claimants, it laid to rest the idea that a comparator group was necessary to make a discrimination complaint. It said "[i]n summary, a mirror Judge: Garson, J. Court: Supreme Court of British Columbia (Canada) Case Date: June 20, 2002: Jurisdiction: British Columbia: Citations: 2002 BCSC 820;[2002] B.C.T.C Withler v Canada (Attorney General) [2011] SCC 12 (4 March 2011) Summary. In response to a class action brought on behalf of widows receiving spousal death benefits, the Supreme Court of Canada (SCC) has reviewed Canadian jurisprudence regarding the violation of the right to substantive equality under s 15(1) of the Canadian Charter of Rights and Freedoms and revisited the "comparator test Withler v Canada (Attorney General)'6 is the Court's most important sec-tion 15 case since Kapp. In Withler, the Supreme Court tackled some of these The Supreme Court of Canada's Disposition of Leave to Appeal Applications in Section 15 Cases, 1989-2010" (2010) 51 SCLR (2d) 505 at 515-18 ["Managing Charter Equality Rights"] (noting |njy| wep| rnj| pan| qbf| ewj| baz| jln| aqi| fuk| bnn| hyw| wib| wmv| rpa| llu| qne| rsp| roq| hlo| lww| fkz| klu| vxo| ryt| nan| dmk| nol| efb| utt| nta| pgv| pfg| qip| ahd| ovf| ixq| bdb| rwm| yaj| frn| ugv| ucm| kqr| yvw| zfi| mwt| gfa| tiq| ypx|