vRIEND

Vriend v. Alberta (1998)

A landmark case where the Supreme Court of Canada ruled that the exclusion of sexual orientation from the IRPA violated equality rights.

Discrimination Based on Sexual Orientation

The act of treating someone unfavorably solely because of their sexual orientation, as seen in Delwin Vriend's termination.

Alberta Individual's Rights Protection Act (IRPA)

Provincial legislation that did not initially include sexual orientation as a prohibited ground of discrimination.

Section 15(1) of the Canadian Charter of Rights and Freedoms

Guarantees equality under the law without discrimination, which was violated by the omission of sexual orientation in the IRPA.

Judicial Remedy in Vriend v. Alberta

The Supreme Court 'read in' sexual orientation as a prohibited ground of discrimination to remedy legislative omission.

Government Justification Standard under Section 1

The government's burden to justify limitations on Charter rights, which it failed regarding the exclusion of sexual orientation.

Systemic Discrimination

Institutional practices or policies that perpetuate inequality, exemplified by the exclusion of LGBTQ+ protections in legislation.

Equality and Inclusion in Law

Legal principles ensuring that marginalized groups, like LGBTQ+ individuals, receive equal treatment and protections.

Legislative Omissions

Absences in laws that lead to discrimination; established in Vriend as worthy of Charter scrutiny.

Substantive Equality vs. Formal Equality

Substantive equality focuses on achieving actual equal outcomes for marginalized groups, whereas formal equality ensures equal treatment under the law.