Equality: protected by law, entrenched in our constitution

It is not easy to make history in just 92 words, but Canada accomplished that feat in 1985 when Section 15 of the Canadian Charter of Rights and Freedoms came into force. It marked a milestone in Canada’s evolution as a nation by making equality rights a permanent part of our constitution. Section 15 has guided our lawmakers in creating laws that are just, and has helped ensure that everyone in Canada has the right to be free from discrimination.

Equality Rights

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability .

In 92 carefully chosen words, Section 15 sets out Canada’s deep commitment to the promotion of a society in which the basic worth of every individual is recognized. The effect of Section 15 on Canadian society has gone well beyond the functioning of the government and the courts. The values and principles it represents have become a reflection of how we, as Canadians, view ourselves. It means that we recognize that protecting equality is fundamental to the pursuit of justice. It means that we embrace the notion that equality is at the heart of a just society.