fostering employment equity and diversity in the nova scotia legal

More documents

Recommendations

Info

(b) where such discrimination is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society. 24.5 This Rule does not apply to bona fide retirement or pension plans or terms and conditions of group or employee insurance plans based on age, or bona fide mandatory retirement plans, schemes or practices. 24.6 This Rule does not preclude any program, activity or affirmative action that has as its object the amelioration of conditions or disadvantages for individuals or groups including those who are disadvantaged because of a characteristic referred to in the Guiding Principles. The Barristers’ Society also provided the following notes to Rule 24 to assist its members to better understand and appreciate the significance of Rule 24: Notes 1. A lawyer has a duty to become familiar with and understand Section 15 of the Canadian Charter of Rights and Freedoms and provincial and federal human rights legislation. A lawyer should cultivate a knowledge and understanding of Canadian jurisprudence on the meaning of equality and discrimination and on adverse impact analysis, both of which warn of the danger of assuming that good intentions or uniform rules necessarily accomplish equality. 2. In the case of Gene Keys v. Pandora Publishing Association (March 17, 1992), a Nova Scotia Human Rights Board of Inquiry held that in order to achieve equality for a disadvantaged group, sometimes the different treatment of non-disadvantaged groups was necessary. That case involved a complaint by a man against a feminist newspaper that refused to print his letter to the editor in the newspaper. He claimed that he was being discriminated against on the basis of sex. The Board of Inquiry stated: I am also satisfied that as a matter of law the concepts of equality and discrimination under the Act must be consistent with those concepts in the Charter. McIntyre, J. in Andrews stated that the promotion of equality in the prohibition against discrimination has a more specific goal than the mere elimination of distinctions and that identical treatment may produce inequality. It follows, accordingly, that a disadvantaged group may undertake a program or activity which has as its object the amelioration of conditions of disadvantaged individuals or classes of individuals including those discriminated against on the basis of sex even if that results in distinctions being made with respect to the advantaged group. 7
It is important to note that Rule 24 at 24.6 reflects and supports the same principle as found at Section 15(2) of the Canadian Charter of Rights and Freedoms. The role and need for special programs to eliminate discriminatory practices and redress imbalances. 8
Page 1 and 2: FOSTERING EMPLOYMENT EQUITY AND DIV
Page 3 and 4: Ms. Heidi Marshall was unable to co
Page 5 and 6: To the Honourable Michael Baker, Q.
Page 7 and 8: APPENDIX A ........................
Page 9 and 10: FOSTERING EMPLOYMENT EQUITY AND DIV
Page 11 and 12: THE COMMITTEE’S APPROACH TO THE T
Page 13: THE NOVA SCOTIA BARRISTERS’ SOCIE
Page 17 and 18: terms by previously oppressed peopl
Page 19 and 20: advancement within the firms appear
Page 21 and 22: 1995 Eight Graduates Two are with l
Page 23 and 24: EQUITY HIRING GUIDELINES - AN OVERV
Page 25 and 26: PART II 18
Page 27 and 28: PROVINCE OF NOVA SCOTIA EMPLOYMENT
Page 29 and 30: Co-ordinator on employment equity a
Page 31 and 32: 6.6 The law firm will report to the
Page 33 and 34: COMMITMENT FOR CROWN LAW AGENTS Thi
Page 35 and 36: REGULATIONS MADE UNDER THE GOVERNME
Page 37 and 38: (2) The Minister may require such a
Page 42 and 43: APPENDIX B 35
Page 44 and 45: • Law Society of Upper Canada. 19
Page 46 and 47: • South Carolina Consolidated Pro
Page 48: ADDENDUM 41

fostering employment equity and diversity in the nova scotia legal

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?