The Charter subsection 15(1) right to equality – equality before the law, equality under the law, equal benefit of the law, and equal protection of the law – is arguably the most important of the core rights enshrined in the Charter. Equality flows from natural justice and basic intuition. Yet Charter cases can be difficult to prove, involving complex case law and analysis to establish a section 15(1) breach, a complex equality right infringement justification analysis under the Charter section 1, possibly a section 15(2) “affirmative action” form of further analysis, and, Charter section 24(1) and other Constitution Act provisions and further complicated case law as to remedies.
