This paper analyzes Section 15(1) of the Canadian Charter of Rights and Freedoms, focusing on equality rights. It compares and contrasts two Canadian Supreme Court cases: R v Kapp (2008) and Andrews v Law Society of British Columbia (1989). The paper examines how these cases interpret Section 15 concerning discrimination based on race, nationality, and other grounds. The R v Kapp case involves communal fishing licenses and the court's stance on whether this constitutes discrimination. The Andrews case concerns citizenship requirements for bar admission. The analysis includes the application of the Andrews test and the government's role in addressing discrimination through affirmative measures. The conclusion summarizes the court's decisions and their implications for equality rights under the Charter, highlighting the importance of preventing government distinctions that perpetuate group disadvantage while enabling proactive measures to combat existing discrimination. The paper references relevant legal literature and case law to support its arguments.
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