Fw: The Canadian Constitution and Affirmative Action

[Kim Lane Scheppele]

Here is the text from Canadian Constitution Act 1982 [Charter of Rights] Section 15 [General Equality, No Discrimination] (1) Every individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because or race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. And Canada is not alone in this.  In fact, it's become a general feature of many recently drafted constitutions to include both a "negative discrimination" clause of the sort found in (1) above as well as a "positive discrimination" clause of the sort found in (2) above.   If anyone wants a handy often updated set of current constitutions in English translation, see http://www.oefre.unibe.ch/law/icl/index.html .     Kim Lane Scheppele Professor of Law and Sociology University of Pennsylvania 3400 Chestnut Street, Philadelphia PA 19104 Phone:  215-898-7674   Fax 215-573-2025 Email:  [EMAIL PROTECTED] ----- Original Message ----- From: Robert Justin Lipkin To: [EMAIL PROTECTED] Sent: Friday, June 27, 2003 1:18 PM Subject: The Canadian Constitution and Affirmative Action        Is it true that the Canadian Constitution has a provision stating that affirmative action need not violate equal protection?  I'd be happy to receive replies off-list. Bobby Lipkin Widener University School of Law Delaware