The Greening Garden: Equality Rights Under the Canadian Constitution

In the 2003 term the Supreme Court of Canada pronounced two unanimous judgments finding that section 15 equality rights had been violated. In both cases, the Court applied the Law v. Canada (Minister of Employment and Immigration) analysis and did not retreat from the features of its section 15 jurisprudence which have previously attracted criticism in this and other venues. This paper provides a review of these two recent cases with a view to assessing whether they represent an emerging consensus and, particularly, with a view to where they suggest future controversy