Faculty Author Type

Current Faculty [Margot Young]

Published In

Supreme Court Law Review

Document Type


Publication Date



Canadian Charter of Rights and Freedoms; Equality before the law; Discrimination


This paper was written for the 20th anniversary of the coming into force of section 15(1) of the Canadian Charter of Rights and Freedoms. Unfortunately the same themes that defeated Stella Bliss in 1979, when she launched her Canadian Bill of Rights challenge to the Canadian Unemployment Insurance Act continue. While equality law has moved on from the specific facts of Bliss v. Canada (Attorney General), [1979] 1 S.C.R. 183, and from some of the discrete judicial conclusions in that case, it is still true that the series of critical ways of understanding the relationship between equality rights, individuals and the state that mark Bliss persist. This essay is an exploration of how current constitutional policy law has never really left the Bliss analysis behind. This chapter begins with a quick recap of Bliss that includes identification of three conceptual errors into more general inadequacies in equality law thinking, in order to show how the equality thinking of Bliss remains a strong thread in recent argument, although the factual issues may be things of the past. My contention is that current equality jurisprudence replicates and reinforces the failings that were so pointedly obvious in Bliss.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.