This paper examines related trends regarding approaches to equality rights and their successes in the claims of vulnerable individuals and groups seeking to redress the harms of government action or inaction in the case law on sections 7 and 15 of the Charter. After a thorough analysis of these sections in various case studies, this paper concludes with a comparison between sections 7 and 15, cautioning Canadian courts to give the harms of discrimination equal respect and recognition under section 15 of the Charter.

This paper was presented at the Constitutional Law Symposium in September 2012.