Law 12

Ch.3: Barriers to Achieving Equality

  1. Women’s Rights (3.2)
  2. Why was the “Persons Case” so important for Canadian women?
  1. Chartrand v. Vanderwell Constructors (1971) Ltd. (2001), Alberta Human Rights & Citizenship Commission)

Jean Chartrand, the compliant, had been employed by the respondent, Vanderwell Constructors for three years. She quit her job because she believed she was the victim of sexual harassment. She claimed her shift supervisor had touched her inappropriately and had made sexually offensive remarks. The Respondent denied the accusations.

  1. What type of evidence do you think would have to be presented for Chartrand to succeed in her claim of sexual harassment?
  2. How important is it to be protected from sexual harassment? Do you think that this is a basic human right? Explain.
  1. Native Peoples (3.3)
  2. Case - Guerin v. R p.78
  3. Does the Indian Act give the Native group an unrestricted right to sell or lease reserve land? Explain.
  4. Why was Musqueam band dissatisfied with the agreement the branch officer had negotiated?
  5. Why did the Supreme Court of Canada rule in favor of the Musqueam band?
  6. How might the decision in this case be used by other Native groups to prove they have received unjust treatment?
  1. Immigrants: A Case of Legal Discrimination (3.4)

In 2001, immigration officials turned down an application for landed immigrant status from a family from South Africa on the grounds that one of the children, a 14 year old boy, has Down syndrome and therefore would create an “excessive demand” on Canada’s health-care system. The father, a businessman, had been transferred to Canada by his employer in 1996.

The family appealed the decision. Following a review of the case, the Minister of immigration accepted the appeal and issued a temporary permit allowing the family to remain in Canada. The family will have the opportunity to reapply for landed immigrant status in five years.

  1. On what basis do you think the Minister of Immigration accepted the appeal?
  2. Should Canada bar applicants who have health problems that pose a potential burden to Canada’s health-care system? Justify your position.
  1. Gay Men and Lesbians (p.89-91)
  2. What are the attitudes and social conditions that created barriers to achieve equality for gay man and lesbians? How are attitudes connected to laws?
  3. Why is “stonewall” an important event in the gay rights movements?
  4. What legal changes have been made in Canada in respect to homo-sexuality since 1967? (Find this information online)
  1. People with Disabilities
  2. Case – Miele v. Famous Players (p.93)
  3. Summarize the decision of the British Columbia Human Rights Tribunal
  4. How do damages provide compensation?
  5. What precedent has been set here?
  1. The Rights of the Poor (p.94-95)
  2. Why is poverty considered a barrier to achieving quality?