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SCC strikes down a pay equity law for first time but judges splinter over s. 15 equality rights

Thursday, May 10, 2018 @ 6:12 PM | By Cristin Schmitz

A pair of pay equity cases from Quebec have exposed fault lines at the Supreme Court of Canada in respect of the Charter’s s. 15(1) prohibition of sex discrimination and s. 15(2) protection of programs which ameliorate discrimination.

In a 6-3 judgment May 10 the judges dismissed the appeal of the Quebec government from a 2016 Quebec Court of Appeal ruling striking down provisions of that province’s pay equity law which effectively gave employers what the majority called a periodic “pay equity amnesty”: Quebec (A.G.) v....