Oct. 19, 2020
Professors and alumnus cited in SCC decision
Professors Jennifer Koshan and Jonnette Watson Hamilton, and alumnus Joshua Sealy-Harrington, JD'13, were cited in the SCC decision Fraser v. Canada (Attorney General).
In a 6-3 decision issued on October 16, 2020, the Supreme Court of Canada ruled in favour of three mothers who worked reduced hours on the national police force in order to devote time to their children.
Jennifer and Jonnette had four articles cited in the decision:
- “Meaningless Mantra: Substantive Equality after Withler” (2011), 16 Rev. Const. Stud. 31.
- “Adverse Impact: The Supreme Court’s Approach to Adverse Effects Discrimination under Section 15 of the Charter ” (2015), 19 Rev. Const. Stud. 191.
- “Equality Rights and Pay Equity: Déjà Vu in the Supreme Court of Canada” (2019), 15 J.L. & Equality 1.
- “Kahkewistahaw First Nation v. Taypotat: An Arbitrary Approach to Discrimination” (2016), 76 S.C.L.R. (2d) 243.
Joshua's article “Assessing Analogous Grounds: The Doctrinal and Normative Superiority of a Multi‑Variable Approach” (2013), 10 J.L. & Equality 37 was also cited.