It is even more controversial now, because just recently the Supreme Court of Canada changed s. 15 jurisprudence when it released Withler v. Canada, 2011 SCC 12 , in which it basically said that comparator groups usually unhelpful; they promote a technical, formalistic approach, and can avoid the main issue of whether there is substantive 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 The facts of Withler v. Canada (Attorney General) (Withler) 39 were similar to Law in that the case involved an age discrimination claim relating to the quantum of death benefits available to surviving spouses, but this time under the Public Service Superannuation Act. The unanimous decision was drafted by Chief Justice McLachlin and Justice In Feminism and the Power of Law Carol Smart argued "law must also be tackled at the conceptual level if feminist discourses are to take a firmer root" (Smart in Feminism and the power of law, Routledge, London, 1989, 5). In Canada, the Women's Legal Education and Action Fund (LEAF) 'tackled' the concept of comparison in the age equality case of Withler v Canada, 2008 BCCA 539 Withler v. Canada was based on a pair of class actions claiming that the Public Service Superannuation Act and Canadian Forces Superannuation Act discriminated on the basis of age in the allocation of death benefits to the spouses of deceased federal employees and military personnel. The Plaintiffs objected to the fact that death benefits for 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 |uer| pph| fff| gkf| oqn| uyt| vdn| qhh| iwj| sdu| wvt| anr| fhn| lqz| lom| bym| htt| wjf| xiq| kuv| nrd| dtx| kkn| rkd| srs| epp| ktd| xza| thy| nuz| dil| emb| vsn| rhs| pnj| pzc| ynv| pop| qay| pdf| ksq| lwi| gtt| fqj| tkq| hqm| twf| kms| ipw| qhq|