Abstract
This comment analyzes the Supreme Court of Canada’s most recent decisions under the equality guarantee in the Canadian Charter of Rights and Freedoms. Quebec (Attorney General) v. Alliance du personnel professionnel et technique de la sante et des services sociaux and Centrale des syndicats du Quebec v. Quebec (Attorney General) are companion pay equity decisions examining claims of sex discrimination under section 15(1) of the Charter and the Quebec government’s attempt to defend those claims under section 15(2) and section 1. The Court is badly split in its analysis and the authors discuss the major points of disagreement, as well as the majority’s clarification of the proper approach to sections 15(1) and (2). They also explore the implications of the cases for pay equity laws in Canada and for the future of equality rights claims.
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