Demonstrating Discrimination: Judicial Notice, Legislative and Social Framework Facts and the Politics of Intervention
Adriel Weaver and Jessica Orkin
Adriel Weaver and Jessica Orkin, “Demonstrating Discrimination: Judicial Notice, Legislative and Social Framework Facts and the Politics of Intervention” in C. Milne and S. Moreau (eds), Litigating Equality (Toronto, LexisNexis Canada, 2024).
“Litigating Equality is a valuable resource for legal practitioners and scholars interested in current issues relating to equality rights litigation in Canada. A follow-up to a previous volume, Public Interest Litigation in Canada, this book builds on its themes and takes a deeper dive into equality rights advocacy.
Over the past decade, a number of decisions of the Supreme Court of Canada have revised the way that section 15 of the Canadian Charter of Rights and Freedoms is applied to legislation and government action, leaving the jurisprudence shifting and uncertain.
Litigating Equality delves into many of the resulting difficulties and offers strategies for litigators as well as carving out issues for future academic research. Contributors include leading scholars of equality and members of prominent advocacy groups for equality rights in Canada whose litigation efforts have helped to shape the concepts of substantive equality and discrimination.
The text offers, in three parts, a thorough analysis of the law including the doctrinal and practical challenges of equality rights litigation. The three parts are:
Part I: Making Sense Out of the Confusion
Part II The Practical Implications
Part III: Equality Beyond Section 15″