LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Andrews v. Law Society of British Columbia (1989)

This case was the first time the Supreme Court of Canada ruled on the meaning of equality under s. 15 of the Charter. 

LEAF intervened before the Supreme Court of Canada to present its view of substantive equality. LEAF had a major influence on the Court’s interpretation of the meaning of s. 15. This case remains one of the most important decisions on equality to date. 

Facts 

In order to practice law in British Columbia, lawyers were required to be Canadian citizens. Mark David Andrews was a British lawyer with Canadian permanent residency. He challenged that requirement, arguing that it violated his equality rights under s. 15(1) of the Charter based on citizenship. 

The British Columbia Supreme Court dismissed Mr. Andrews’ action, finding that the requirement did not represent a denial of equality under the law or discrimination. The British Columbia Court of Appeal allowed Mr. Andrews’ appeal, finding that the restriction violated his rights under s. 15 of the Charter and could not be saved under s. 1. The Law Society appealed to the Supreme Court of Canada. 

LEAF’s arguments 

LEAF argued that the interpretation of s. 15 needed to be informed by egalitarian principles; the necessity of protecting the rights of historically disadvantaged persons; and the recognition of the place of equality values and human rights legislation in the Canadian legal system.  

Ensuring substantive equality would require courts to adopt a purposive approach to s. 15 – recognizing that s. 15 was intended to benefit individuals and groups who had historically had unequal access to social and economic resources. Courts would need to be critical of seemingly or “facially” neutral forms of discrimination, as well as overt discrimination. Equality might sometimes require differential treatment, and indeed treating people the same might actually allow inequality to continue.  

LEAF also argued that the grounds upon which individuals are discriminated against were not exhaustive, and should include those spelled out in the Charter as well as other analogous grounds.  

Outcome 

A majority of the Supreme Court held that the citizenship requirement violated s. 15 of the Charter and could not be saved under s. 1. 

The court rejected the “similarly situated should be similarly treated” test for equality, recognizing that this would not necessarily result in equality. It found that discrimination, which could be intentional or unintentional, was a distinction based on personal characteristics which: 

  • Imposed disadvantages on an individual or group which were not imposed on other individuals or groups; or 
  • Limited access to advantages which were available to other individuals or groups 

The court employed a two-step analysis in considering claims under s. 15(1). First, the court would consider whether or not the claimant had established a violation of their equality rights. This would require the claimant to show: 

  • That they were not receiving equal treatment before and under the law, or that the law had a differential impact on them in the protection or benefit of the law; and 
  • That the law was discriminatory – meaning that the distinctions made involved prejudice or disadvantage  

Second, the court would consider whether the state had justified any infringement under s. 1.  

LEAF is grateful to Mary Eberts and Gwen Brodsky, counsel in this case. 

Download the factum here.

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].

Case Documents

September 22, 1987
Supreme Court of Canada Factum

Case News

Loading...
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Project

Loading...
Multi ethnic group of Millennial investors planning new gainful activity
Current Work
LEAF’s Feminist Strategic Litigation Project

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

A.S. v. H.M.Q.

This case concerns the rights of complainants in sexual assault trials.
More Cases

Related Cases

Loading...

Canadian Alliance for Sex Work Law Reform v. Canada (Attorney General)

This case is about the constitutionality of Criminal Code sex work provisions.

A.S. v. H.M.Q.

This case concerns the rights of complainants in sexual assault trials.
More Cases

Related Issue Area

Loading...

Access to Justice

Case Summary

Andrews v. Law Society of British Columbia (1989)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français