home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky can.politics:9855 soc.culture.canada:8697
- Path: sparky!uunet!utcsri!robinson
- Newsgroups: can.politics,soc.culture.canada
- From: robinson@mdivax1.uucp (Jim Robinson)
- Subject: Re: Only in Canada you say ?
- Message-ID: <1992Nov20.172940.2038@mdivax1.uucp>
- Reply-To: robinson@mdd.comm.mot.com (Jim Robinson)
- Organization: Motorola - Mobile Data Division; Richmond, BC
- X-Newsreader: TIN [version 1.1 PL7]
- References: <BxztoA.EFL.1@cs.cmu.edu>
- Date: 20 Nov 92 17:30:12 GMT
- Lines: 34
-
- Stewart Clamen (clamen+@CS.CMU.EDU) wrote:
- >
- >Not that the generality of the US consitution does not guarantee
- >non-discriminatory treatment of gays and women, while the Canadian
- >Charter of Rights does.
-
- The Charter of Rights and Freedoms does not presently explicitly protect
- against discriminatory treatment on the basis of sexual orientation.
- However, a court (I believe it was an Ontario court) recently made a ruling
- along the lines that such discrimination violated Charter equality rights.
- And, I believe, the federal government has said that it will accept this
- ruling and apply it nationally. [I am a bit fuzzy on the ruling so if
- anyone has better info, please jump in]
-
- Personally, I very much believe that sexual orientation *should* be
- explicitly Charter protected. However, I get concerned when the courts
- seek to extend rights that were not obviously intended. In my view, the
- role of the courts should be to interpret the law (and the constitution),
- not write it. Just because I agree with the result of this particular piece
- of apparent judicial activism does not mean that I will agree with the
- next; and short of resorting to the infamous notwithstanding clause, there
- is nothing a government can do about a ruling that seems to exceed the
- Charter's mandate.
-
- I am not a lawyer (although we all were in October :-), and it is very
- possible that my interpretation of these events is not correct, so if
- anyone wishes to correct the above, feel free. [it would just *have* to be
- more interesting than whether the Quebecois are being more "oppressive" to
- anglos than anglos were to the Quebecois]
- --
- Jim Robinson
- robinson@mdd.comm.mot.com
- {ubc-cs!van-bc,uunet}!mdivax1!robinson
-
-