If the Manitoba government's argument is correct, the Charter does not exist to protect equality; by definition, it promotes inequality instead, making it a Charter less of Rights and Freedoms than is supposed than one of Privileges and Immunities (which subsection 2 of section 15 pretty much allows anyway). The assertion by the Manitoba government is not necessarily a long shot either; the Supreme Court has certainly done little to discourage their interpretation.
A looming court battle over Manitoba's anti-smoking law will hinge on whether the province must treat white bar owners the same as their aboriginal counterparts, an issue that could have implications across the country.
That's rather it in a nutshell. [Emphases added in quotes.]
The province argues that if everyone must be treated equally under the law, employment equity programs and other initiatives designed to help minorities could be struck down.
Tuesday, October 31, 2006
Posted by MapMaster on Tuesday, October 31, 2006