Date de parutionMai 2024
Nombre de pages368
Code de produit


Litigating Equality

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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

The Collection of Papers

  1. Cheryl Milne and Sophia Moreau, General Editors – Introduction: Litigating Equality
  2. Jennifer Koshan and Jonnette Watson Hamilton – “Clarifications” or “Wholesale Revisions”? The Last Five Years of Equality Jurisprudence at the Supreme Court of Canada
  3. Margot Young – Zombie Concepts: Contagion in Canadian Equality Law
  4. Colleen Sheppard – Litigating Structural Inequality: Micro, Meso and Macro Dynamics
  5. Anthony Sangiuliano – Finding Fault under Section 15 of the Charter: Miller J.A.’s Court of Appeal Dissent in Sharma
  6. Benjamin Perryman – Proving Discrimination: Evidentiary Barriers and Section 15(1) of the Charter
  7. Adriel Weaver and Jessica Orkin – Demonstrating Discrimination: Judicial Notice, Legislative and Social Framework Facts and the Politics of Intervention
  8. Raji Mangat – Interveners, Public Interest Litigation and Social Context: Advancing Equality Rights on Uneven Terrain
  9. Cheryl Milne and Caitlin Salvino – Analyzing the Treatment of Multiple Charter Claims: Judicial Restraint and the Case for Section 15
  10. Jonathan Thompson – Prosecutorial Discretion and the Equality Guarantee After Fraser v. Canada
  11. Marion Sandilands, Thomas Conway, Abdalla Barqawi, Joseph Rucci and Sarah Nixon – Litigating Equality in Ottawa’s Taxi Industry: Metro Taxi v. City of Ottawa
  12. Dr. Kerri A. Froc – Are You Serious? Litigating Section 28 to Defeat the Notwithstanding Clause
  13. Kat Owens and Pam Hrick – Advancing Equality Outside the Four Corners of Section 15
  14. Amitpal C. Singh – Litigating Intentional Discrimination

Litigating Equality is a collection of papers developed out of the Supreme Court Law Review, Second Series.


Cheryl Milne, LL.B., M.S.W., is the Executive Director of the David Asper Centre for Constitutional Rights at the Faculty of Law at the University of Toronto. Prior to this position she was a legal advocate for children with the legal clinic Justice for Children and Youth for 17 years. There she conducted Charter litigation at the Supreme Court of Canada including the challenge to the corporal punishment defence in the Criminal Code [Canadian Foundation for Children, Youth and the Law v. Canada (2004)], the striking down of the reverse onus sections of the Youth Criminal Justice Act for adult sentencing [R. v. D.B. (2008)], and an intervention involving the right of a capable adolescent to consent to her own medical treatment (A.C. v. Manitoba Child and Family Services ]. She has represented numerous young people in education related proceedings under the Education Act, child welfare and family law proceedings, and in youth court under the Youth Criminal Justice Act, among others. She has been Chair of the Ontario Bar Association’s Constitutional, Civil Liberties and Human Rights section, the Canadian Coalition for the Rights of Children, and Justice for Children and Youth. She is the past Chair of the CBA Children’s Law Committee and sits on the Steering Committee of the National Association of Women and the Law. She was appointed to the Council of Canadian Academies’ Expert Panel on Medical Assistance in Dying for Mature Minors and was cross-appointed to the Child and Family Services Review Board and the Human Rights Tribunal of Ontario from 2018 to 2020. She teaches a clinical course in constitutional advocacy as well as child and youth law at the University of Toronto, Faculty of Law and has taught Social Work & the Law at Ryerson University. In 2020, Cheryl was awarded the Law Society Medal by the Law Society of Ontario.

Sophia Moreau, B.Phil (Oxford); J.D. (Toronto); Ph.D. (Harvard) is Professor of Law and Philosophy at the University of Toronto. She has been HLA Hart Visiting Fellow at Oxford, Visiting Professor of Law at NYU Law, Weinstein Fellow at Berkeley Law, Chancellor Jackman Research Fellow at the Jackman Humanities Institute in the University of Toronto, Frank Knox Memorial Fellow at Harvard, and a Commonwealth Scholar at Balliol College, Oxford. She is the author of Faces of Inequality (2020; winner of the Canadian Philosophical Association Biennial Book Prize and the subject of three international Symposia); co-editor of Philosophical Foundations of Discrimination Law (2014) and Law and Morality (2007); and the author of many articles in discrimination theory. She is Associate Editor of Philosophy & Public Affairs, Book Reviews Editor of the University of Toronto Law Journal, and a Board Member of Law and Philosophy, Legal Theory, and the Danish Centre for the Experimental-Philosophical Study of Discrimination. She was called to the Ontario Bar in 2006.