Judicial review of discriminatory laws in Canada

Giudizio di costituzionalità di leggi discriminatorie in Canada

Abstract

The essay explores a relatively underdeveloped issue in comparative law, which is that of the invisibility of groups unable to fit grounds for discrimination in Canada. After having expounded the system of judicial review of discriminatory laws in Canada, it sketches out two potential solutions to disentangle the inequalities that impact upon non-normative groups, namely the expansion of the notion of “analogous ground” and the wholesale replacement of the current
ground-based doctrine of anti-discrimination with a new approach that does not account for grounds.