Comments on: Post-Kapp Decision May Indicate the Way Discrimination will be Determined in Human Rights Cases http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/ Thu, 17 May 2012 19:59:46 +0000 http://wordpress.org/?v=2.3.3 By: Robyn http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-95667 Robyn Sat, 22 May 2010 15:09:36 +0000 http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-95667 Your absolutely right Linda. I took it a bit further and imagined how challenging it is for clients, like myself, who are searching for justice in the human rights jurisprudence process. 2nd year Dalhousie University Your absolutely right Linda. I took it a bit further and imagined how challenging it is for clients, like myself, who are searching for justice in the human rights jurisprudence process.

2nd year
Dalhousie University

]]> By: Linda McKay-Panos http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-70576 Linda McKay-Panos Tue, 08 Sep 2009 17:05:09 +0000 http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-70576 HI Jennifer Good question and I don't really have a satisfactory answer, except to commiserate. I usually start with the Law test, explaining some of the issues with it and then the other cases. I have always found the jurisprudence around s. 15(1) challenging to teach, and I know it poses concerns for students. I guess it shows how elusive equality really is. Yet, so critical. And, imagine being a practitioner, trying to advise a client as to how the case might go! Linda HI Jennifer
Good question and I don’t really have a satisfactory answer, except to commiserate. I usually start with the Law test, explaining some of the issues with it and then the other cases. I have always found the jurisprudence around s. 15(1) challenging to teach, and I know it poses concerns for students. I guess it shows how elusive equality really is. Yet, so critical. And, imagine being a practitioner, trying to advise a client as to how the case might go!
Linda

]]> By: Jennifer Koshan http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-70536 Jennifer Koshan Tue, 08 Sep 2009 00:51:26 +0000 http://ablawg.ca/2009/09/02/post-kapp-decision-may-indicate-the-way-discrimination-will-be-determined-in-human-rights-cases/#comment-70536 Hi Linda. Given the uncertainty, I'm curious how you're going to teach the test for discrimination in Human Rights this year. I struggled with how to do that for section 15 last year, as Kapp and then Ermineskin have left a lot of open questions. As much as we disliked the Law test, particularly for human rights claims, it was easy to teach. Jennifer Hi Linda. Given the uncertainty, I’m curious how you’re going to teach the test for discrimination in Human Rights this year. I struggled with how to do that for section 15 last year, as Kapp and then Ermineskin have left a lot of open questions. As much as we disliked the Law test, particularly for human rights claims, it was easy to teach.
Jennifer

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