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  •  Andrews v. Law Society of British Columbia

Charter Litigation

Andrews v. Law Society of British Columbia

 

Mark Andrews was qualified for admission to the British Columbia Bar, but was refused admission because he was not a Canadian citizen. He challenged the citizenship requirement on the basis that it violated his equality rights under section 15 of the Canadian Charter of Rights and Freedoms. This was the first case in which the Supreme Court of Canada considered section 15 of the Charter.

In February 1989 the Court held in Andrews' favour. It rejected the "reasonableness" approach to the interpretation of section 15 that had been adopted by the B.C. Court of Appeal and rejected the "similarly situated" test for equality. The Court also held that the grounds of discrimination specified in section 15 were not exhaustive and that, in future cases, the courts may protect individuals from discrimination on grounds analogous to those specified in section 15.

The Canadian Association of University Teachers and the Ontario Confederation of University Faculty Associations intervened in support of Andrews. They were represented by Steven Barrett.

Click here to read the Supreme Court's decision

 

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