Section 15: Equality Rights
Full text, legal breakdowns, and landmark Supreme Court precedents.
Original Charter Text
"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 origin, colour, religion, sex, age or mental or physical disability."
Simplified Explanation
Section 15 ensures that all individuals are treated equally under government laws and regulations. It also explicitly permits affirmative action programs designed to improve conditions of disadvantaged individuals or groups.
Landmark Supreme Court Precedents
Analogous Grounds of Discrimination (Egan v. Canada, 1995)
Courts have expanded Section 15 protections beyond the listed grounds to include "analogous grounds," such as sexual orientation, establishing equal spousal benefit rights for same-sex couples.
Inclusion in Laws (Vriend v. Alberta, 1998)
The Supreme Court ruled that omitting sexual orientation from Alberta's human rights legislation violated Section 15. The court "read in" the protection directly into the provincial act, showing the power of Section 15.
Constitutional Authority
The Canadian Charter of Rights and Freedoms was enacted in 1982 by Queen Elizabeth II and Prime Minister Pierre Trudeau, patriating the Canadian constitution. It protects collective and individual civil liberties against federal and provincial government laws and actions.
Legal Disclaimer
This portal contains simplified educational summaries for newcomer orientation. For specific legal inquiries, contact a licensed Canadian constitutional attorney or human rights legal aid clinic.