Equality: The Heart of a Just Society

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It is not easy to make history in just 92 words, but Canada accomplished that feat in 1985 when Section 15 of the Canadian Charter of Rights and Freedoms came into force. It marked a milestone in Canada’s evolution as a nation by making equality rights a permanent part of our constitution. Section 15 has guided our lawmakers in creating laws that are just, and has helped ensure that everyone in Canada has the right to be free from discrimination.

I have the privilege today of attending the second day of a conference co-hosted by the Department of Justice Canada, the Ontario Ministry of the Attorney General and the University of Toronto Faculty of Law to mark the 20th anniversary of the adoption of s. 15 of the Charter, an historic event in Canada's legal and political existence... not only do I get a chance to hear people like Peter Cory, Frank Iacobucci, Doris Anderson, Joe Clark, Roy Romanow, etc. speak -- to learn history from the makers of history -- I also have the opportunity to meet and interact with others who are continuing to make history by ensuring that the notion of equality as a fundamental value remains not just within academic and political discourse, but that it reverberates within the psyche of all Canadians...

the recent passing of Rosa Parks is a poignant reminder that, despite the amount of progress we have made, there remains a lot of work to do in order to realize the ideals that lie at the heart of a just society... while I don't discount the importance of other issues that are raised in the context of discussing the Charter -- i.e., the charge of judicial activism and the politicisation of the judiciary -- the more salient point seems to be that the constitutionalisation of rights is really only the first step in creating a true democracy and ensuring the protection of human dignity... it's more important that we continue to internalize these values so that the Charter itself and the values enshrined therein cease to be the focal point of the discourse, but rather underpin all discourse going forward...

Section 15 was never meant to be simply a symbol. It was intended as a working tool to ingrain equality in every aspect of Canadian life. Pierre Elliott Trudeau set out the challenge more than two decades ago, when he said: “We must now establish the basic principles, the basic values and beliefs which hold us together as Canadians so that beyond our regional loyalties, there is a way of life and a system of values which make us proud of the country that has given us such freedom and such immeasurable joy.” Ultimately, Section 15 – like the rest of the Charter – is part of our shared identity. It unites us in defining the society we wish to be. Equality, clearly, is less a destination than a journey and will continue to guide Canada’s progress toward the goal of achieving a truly just society.

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