Realizing equality in the twentieth century: the role of the Supreme Court of Canada in comparative perspective

Abstract

The article analyzes the equality jurisprudence of the Supreme Court of Canada over the course of the twentieth century and juxtaposes its approach with that of the United States Supreme Court. Prior to the advent of the Canadian Charter of Rights and Freedoms in 1982, the Supreme Court of Canada had no constitutional docu- ment like the American Bill of Rights to interpret and apply. Thus, early equality cases do not loom over Canadian constitutional history in the same way as a case such as Plessy v. Ferguson has in the United States. The Charter elevated equality rights to a constitutional level, broadened their measure, and extended their reach. Canadian and U.S. equality jurisprudence have diverged dramatically in the Charter era, for historical reasons, but also because of the rigidity of U.S. equal protection doctrine, the happenstance of which issues have been presented to the court, and the differing levels of political will to support equality-seekers and to implement court- room victories.