Reference no: EM133854906

In Chapter 13, Section 1 of The Charter of Rights and Freedoms (7th edition), Robert J. Sharpe and Kent Roach explore the legal protections under the Canadian Charter for individuals based on sexual orientation, gender identity, and gender expression. The authors recognize how Section 15 of the Charter, which ensures equality rights, has been interpreted to cope with discrimination against LGBTQ2S+ people. They begin by discussing the recognition of sexual orientation as a similar ground under Section 15, which was firmly established in landmark cases which includes Egan v. Canada (1995). In this situation, the Supreme Court ruled that sexual orientation is a function deserving safety against discrimination, even though it isn't explicitly indexed in Section 15. This decision marked an outstanding leap forward in making sure that humans can't be treated unfairly due to their sexual orientation.

Sharpe and Roach also do not forget the felony treatment of gender identity and expression, noting that those principles have won growing recognition in Canadian law. Although gender identity and expression are not explicitly mentioned within the Charter, courts have extended protections to transgender and non-binary individuals by using the precept of analogous grounds. This judicial interpretation guarantees that individuals going through discrimination based totally on their gender identification or expression are afforded the identical constitutional protections as different marginalized organizations. The authors argue that this technique reflects the evolving expertise of equality rights and the need to conform to felony frameworks to deal with emerging forms of discrimination.

Sharpe and Roach highlight that discrimination regularly takes place at the intersection of multiple identities, such as race, sexual orientation, and gender identity. For example, someone may face compounded discrimination due to being racially and transgender. The authors advocate for an intersectional approach to adjudicating equality claims to ensure that every one dimension of discrimination is correctly addressed. The bankruptcy additionally examines judicial treatments for violations of equality rights associated with sexual orientation and gender identification. Remedies include placing down discriminatory laws, awarding damages, or issuing declarations of invalidity. Sharpe and Roach emphasize that those treatments are important for addressing systemic inequalities and protecting marginalized organizations.

Despite significant progress, the authors acknowledge ongoing challenges in achieving full equality for LGBTQ2S+ individuals. They point out societal resistance, legislative gaps, and instances where judicial decisions fall short in addressing systemic discrimination. Ultimately, Sharpe and Roach argue that while the Charter has been instrumental in advancing LGBTQ2S+ rights, continued vigilance is necessary to ensure these protections remain robust.