Equality & DiscriminationCLU3M

EqualityEquality is an essential aspect in the study of the

Canadian Charter of Rights and Freedoms. It is connected to each case study, every example, and many sections of the Charter.

Equality, as a general term, is relatively easy to understand. However, equality, as a term associated with the Charter is a difficult idea to comprehend.

How do you define equality?Does equality mean treating people exactly the

same?

EqualityProviding people with equal protection and

equal benefit of the law does not mean treating people exactly the same.

Rather, in our quest for equality, it is often necessary to treat people differently, as long as we are treating them fairly, so that they do not suffer from discrimination.

What is Discrimination?Discrimination occurs

when someone acts on a stereotype or prejudice.

Discrimination, therefore, leads to unfair treatment and imposes a penalty upon people for invalid reasons preventing them from having an equal opportunity to be a part of society.

StereotypesMeans “set image”. Involve generalizations about the "typical"

characteristics of members of a groupRefers to an instant or fixed picture of a group of

people Labels that people apply to members of certain

groups, regardless of their individualityOrganize and simplify our complex world→

therefore, can be functionalUsually based on incomplete informationCan be positive, but usually negativeApplied to many factors such as class, gender,

race, age, and ethnicity

Examples of StereotypesAll women are dangerous driversAll Asian people are superior at MathAll people living at Jane and Finch are gang

members

PrejudiceIt is a preconceived opinion, belief, or attitude

about a group of people that is applied to an individual

Literally means “prejudgment”A prejudiced person pre-judges another

individual based on the fact that he or she belongs to a group, not on actual character, skill, or personality

Prejudice opinions are based on ignorance, not fact

Can be positive, but are usually negative

Stereotypes lead to prejudiceSTEREOTYPE→→→ PREJUDICEAll women are dangerous drivers

Jessica can’t drive because she is female

All Asian people are superior at Math

Lee is going to ace his Math test because he is Asian

All people living at Jane and Finch are gang members

Mrs. Koutsaris is part of a gang because she grew up at Jane and Finch

Discrimination and the LawDiscrimination is illegal, unlike prejudice and

stereotyping, because it violates the human rights of individuals

There are two types of discrimination in law:

1.Intentional discrimination (a.k.a. differential treatment)Occurs when a person or organization knowingly

commits a discriminatory act (on purpose)i.e. A company fires an employee once they

discovered he was gay.

Discrimination and the Law1. Unintentional discrimination (a.k.a. disproportionate

impact) Occurs when people or organizations treat others unfairly but

are not aware that their actions are discriminatory i.e. - older buildings that were built without a ramp for people

who use wheelchairs. i.e. - a fire department requiring applicants to carry a 100 lb

(50 kg) pack up three flights of stairs. The upper-body strength required typically has an adverse impact on women. The fire department would have to show that this requirement is job-related for the position. This typically requires employers to conduct validation studies that address both the Uniform Guidelines and professional standards.

In the above examples, the service provider or employer did not necessarily intend to discriminate. Yet, according to the law, discrimination has taken place because of the effect on the protected groups. In these examples, the individuals were faced with an unfair disadvantage due to the protected characteristics of physical disability and ethnic or national origin.

Prejudice can lead to DiscriminationSTEREOTYPE→→→ PREJUDICE→→→ DISCRIMINATIONAll women are dangerous drivers

Jessica can’t drive because she is female

Jessica is not hired as a limo driver because she is female

All Asian people are superior at Math

Lee is going to ace his test because he is Asian

Lee is given a harder test by his teacher because he is Asian

All people living at Jane and Finch are gang members

Mrs. Koutsaris is part of a gang because she grew up at Jane and Finch

Mrs. Koutsaris is not hired as a teacher because she lives at Jane and Finch

Activity – Discrimination SkitIn your groups, develop a skit that clearly

shows how a stereotype could lead to a prejudice and finally result in a discriminatory action.

Each group will depict a discriminatory action based on the random distribution of the following topics:Class Physical

AppearanceGender

Disability Age Work

Ethnicity Race Where you live