1. Unit 2 Constitutional Law
Affirmative Action

2. Minds On
Which groups within Canadian society have at some point in time been discriminated against? How?
Which groups within Canadian society are under represented in government positions? Teaching positions? Policing positions?
Is this a concern for a demographically changing society like Canada’s?

3. Affirmative Action
The Charter seeks to guarantee that all people will be treated equally
It also recognizes that discrimination did occur in the past, and that corrective measures are now necessary to ensure equality of opportunity
These corrective measures are called affirmative action

4. Affirmative Action
Discrimination CANNOT occur in the basis of prohibited grounds
However in AA programs discrimination is permitted if the program benefits a group that was previously discriminated against
How do we go about correcting these wrongs? How do we achieve the equality goals of the charter and reversing the wrongs of the past?

5. Affirmative Action
Section 15 offers an interesting question- what does equality mean?
To some it is numerical sameness- if a group represents 50% of the population than it should represent 50% of any particular government sector
Others feel it should mean equality of opportunity- all people should have equal access
Section 15 (2) also uses the term ‘disadvantaged’
To what degree is one disadvantaged? Have some been disadvantaged more? How do we quantify this? Historical and sociological studies?

6. Reverse Discrimination
Section 15 (2) has caused massive controversy- why should history determine access? Only hard work and merit should…or should it
Reverse discrimination- practice of advancing one groups interests by treating everyone else unfairly
Originality of discrimination cannot occur due to time and space
Critics argue that today’s middle class, heterosexual, white males are paying the price
Conway v. The Queen- page 220 (1 and 2)