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8012.More information
The first part of the present study demonstrates that a judgment concerning the application of section 15(1) of the Charter of Rights and Freedoms to a particular social program can have a very considerable impact on the Canadian social system as a whole. In this context, the author examines the potential repercussions of five recent decisions concerning the Unemployment Insurance Act for three other federal social programs: the Canada Pension Plan, the Old Age Security Act and the Income Tax Act.Secondly, the author analyzes the response of the courts to the principal justifications under section 1 of the Charter which have been advanced by the federal government in support of these social programs. In concluding, it is observed that the general inclination of the Courts when socio-economic legislation is challenged has been to defer to the choices made by the legislator or to decline to substitute their choices for those of the legislator.
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8019.
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