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For example, the courts may decide that limiting a person's freedom of assembly is justified in order to safeguard public safety and protect life, but it may decide that limiting a person's freedom of assembly is not justified merely to avoid minor traffic delays.

Oakes test There must be a pressing and substantial objective. The means must be proportional. The means must be rationally connected to the objective. There must be minimal impairment of rights. There must be proportionality between the infringement and objective.

Section 15 Equality Act 2010 states: Provided the employer is unable to show that the unfavourable treatment was a proportionate means of achieving a legitimate aim, the claim will succeed. However, what if the something arising in consequence of the disability is, itself, an excluded condition?

Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.

Section 15(2) is aimed at enabling government action intended to combat discrimination proactively through affirmative measures (Kapp, supra, at paragraphs 25, 33 and 37; see also Alberta (Aboriginal Affairs and Northern Development) v. Cunningham, [2011] 2 S.C.R. 670, at paragraphs 40-1, hereafter Cunningham).

Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

Sections 7 to 14 set out rights that protect Canadians when dealing with the justice system. They ensure that individuals who are involved in proceedings are treated fairly, especially those charged with a criminal offence.