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Assessing Analogous Grounds: The Doctrinal and Normative Superiority of a Multi-Variable Approach
Resource type
Author/contributor
- Sealy-Harrington, Joshua (Author)
Title
Assessing Analogous Grounds: The Doctrinal and Normative Superiority of a Multi-Variable Approach
Abstract
This paper argues for a multi-variable approach to identifying analogous grounds under section 15 of the Canadian Charter of Rights and Freedoms. The author begins with a review of Supreme Court of Canada jurisprudence to demonstrate how the Court has consistently applied such a multi-variable approach. In the course of that review, he notes the lack of clarity in the core factors considered by the Court, namely, immutability and constructive immutability. Then, the author argues in favour of a multi-variable approach because it is more sensitive to the complexities of identity formation and because it is more effective at recognizing grounds worthy of protection under the Charter.
Genre
SSRN Scholarly Paper
Archive ID
2408327
Place
Rochester, NY
Date
2013-05-01
Accessed
8/1/24, 9:59 PM
Short Title
Assessing Analogous Grounds
Language
en
Library Catalog
Social Science Research Network
Citation
Sealy-Harrington, J. (2013). Assessing Analogous Grounds: The Doctrinal and Normative Superiority of a Multi-Variable Approach (SSRN Scholarly Paper No. 2408327). https://papers.ssrn.com/abstract=2408327
Author / Editor
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