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I think this article should include reference to the fact that the s. 15 discrimination was deemed justifiable because of
s. 1. It seems like this would be an important part of explaining the Charter's role in queer rights in Canada.
Joeyconnick 23:09, 2005 Apr 11 (UTC)
Actually, the majority in this case did not find a section 15 violation so they didn't even have to look at section 1. -
PullUpYourSocks 19:11, 8 Jun 2005 (UTC)
Not true actually. A majority (5 to 4) did find a s.15 violation, but Sopinka was the swing vote and he sided with the other 4 when he found that the legislation was "saved" by s.1.
Skeezix1000 13:46, 6 March 2006 (UTC)reply
The majority, in fact, did find a section 15 violation. The opening statement is indeed false and misleading:
On May 25, 1995, the court dismissed the appeal, ruling that the definition of "spouse" in the Old Age Security Act was constitutional, on the basis of "biological and social realities that heterosexual couples have the unique ability to procreate."
The truth is, as has been pointed out, that Sopinka concurred with the opinion of Justice La Forest, he did not join it. And apparently he only concurred it in result -- which is a far cry from actually agreeing with the reasoning of La Forest. Sopinka actually agreed with the dissenting justices that there was a section 15 violation. However, he sought to uphold the violation via section 1. This presents an entirely different set of reasons. Purporting that Sopinka agreed with the opinion that
"spouse" in the Old Age Security Act was constitutional, on the basis of "biological and social realities that heterosexual couples have the unique ability to procreate
is a misrepresentation of his views, and that of the majority. That holding is, in fact, a plurality opinion.--
Ben 00:34, 13 April 2006 (UTC)reply
Indeed. It appears that Sopinka had slipped under my radar. --
PullUpYourSocks 04:25, 13 April 2006 (UTC)reply
Italics
The practice for case names has been to italicize the "v". It is a format that becoming more prevailent in canadian legal writing (for example the McGill guide now uses it and so do most of the Irwin law book series use it), and for the more practical reason that without it it is impossible to wikilink a case name. --
PullUpYourSocks 03:31, 14 April 2006 (UTC)reply
Ok, if that is true it seems reasonable. --
Ben 05:37, 14 April 2006 (UTC)reply
This article is within the scope of WikiProject Canada, a collaborative effort to improve the coverage of
Canada on Wikipedia. If you would like to participate, please visit the project page, where you can join
the discussion and see a list of open tasks.CanadaWikipedia:WikiProject CanadaTemplate:WikiProject CanadaCanada-related articles
This article is within the scope of WikiProject Organized Labour, a collaborative effort to improve the coverage of articles related to
Organized Labour on Wikipedia. If you would like to participate, please visit the project page, where you can join
the discussion and see a list of open tasks.Organized LabourWikipedia:WikiProject Organized LabourTemplate:WikiProject Organized Labourorganized labour articles
This article is of interest to WikiProject LGBT studies, which tries to ensure comprehensive and factual coverage of all
LGBT-related issues on Wikipedia. For more information, or to get involved, please visit the
project page or contribute to the
discussion.LGBT studiesWikipedia:WikiProject LGBT studiesTemplate:WikiProject LGBT studiesLGBT articles
This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the
legal field and the subjects encompassed by it.LawWikipedia:WikiProject LawTemplate:WikiProject Lawlaw articles
I think this article should include reference to the fact that the s. 15 discrimination was deemed justifiable because of
s. 1. It seems like this would be an important part of explaining the Charter's role in queer rights in Canada.
Joeyconnick 23:09, 2005 Apr 11 (UTC)
Actually, the majority in this case did not find a section 15 violation so they didn't even have to look at section 1. -
PullUpYourSocks 19:11, 8 Jun 2005 (UTC)
Not true actually. A majority (5 to 4) did find a s.15 violation, but Sopinka was the swing vote and he sided with the other 4 when he found that the legislation was "saved" by s.1.
Skeezix1000 13:46, 6 March 2006 (UTC)reply
The majority, in fact, did find a section 15 violation. The opening statement is indeed false and misleading:
On May 25, 1995, the court dismissed the appeal, ruling that the definition of "spouse" in the Old Age Security Act was constitutional, on the basis of "biological and social realities that heterosexual couples have the unique ability to procreate."
The truth is, as has been pointed out, that Sopinka concurred with the opinion of Justice La Forest, he did not join it. And apparently he only concurred it in result -- which is a far cry from actually agreeing with the reasoning of La Forest. Sopinka actually agreed with the dissenting justices that there was a section 15 violation. However, he sought to uphold the violation via section 1. This presents an entirely different set of reasons. Purporting that Sopinka agreed with the opinion that
"spouse" in the Old Age Security Act was constitutional, on the basis of "biological and social realities that heterosexual couples have the unique ability to procreate
is a misrepresentation of his views, and that of the majority. That holding is, in fact, a plurality opinion.--
Ben 00:34, 13 April 2006 (UTC)reply
Indeed. It appears that Sopinka had slipped under my radar. --
PullUpYourSocks 04:25, 13 April 2006 (UTC)reply
Italics
The practice for case names has been to italicize the "v". It is a format that becoming more prevailent in canadian legal writing (for example the McGill guide now uses it and so do most of the Irwin law book series use it), and for the more practical reason that without it it is impossible to wikilink a case name. --
PullUpYourSocks 03:31, 14 April 2006 (UTC)reply
Ok, if that is true it seems reasonable. --
Ben 05:37, 14 April 2006 (UTC)reply