ABSTRACT
This chapter explores the relative ambiguity of the meaning and intent of equality rights, as they pertain to the educational sector. Academics, educators and practitioners feel that equality rights provisions under section 15 of the Charter open the way for a multitude of changes within school systems. Essentially the equality rights provision has two main sections: section 15 which provides for anti-discrimination and section 15 which is an affirmative action provision. Although it is an important component of the equality rights provisions under the Charter, affirmative action is not the only issue raised in that regard. Equality arguments are usually linked with other guarantees under the Charter such as fundamental freedoms or principles of fundamental justice. The cases of Noyes and Weinstein dealt with legal rights and also with equality rights under section 15. The trial judge agreed that Nathalie’s equality rights had been violated.
