Does the Charter apply to discriminatory provisions of the September 1951 Proclamation?

Alberta, Canada


The following excerpt is from R. v. M.L., 1998 ABQB 99 (CanLII):

In Andrews v. Law Society of British Columbia et al., supra, at p.11: "To approach the ideal of full equality before and under the law -and in human affairs an approach is all that can be expected - the main consideration must be the impact of the law on the individual or group concerned. Recognizing that there will always be an infinite variety of personal characteristics, capacities, entitlements and merits among those subject to a law, there must be accorded, as nearly as may be possible, an equality of benefit and protection and no more if the restrictions, penalties or burdens imposed upon me than another. In other words, the admittedly unattainable deal should be that a law expressed to bind all should not because of irrelevant personal differences have a more burdensome or less beneficial impact on me than another." In my view, the September 1951 Proclamation is discriminatory. 4. Does the Charter Apply?

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