Where Is the Equality?

By R. Jacqueline D'Souza

I remember when I was a teenage girl I took my first law course in high school.  Like most youngsters, the first piece of Canadian legislation that I was introduced to was the Canadian Charter of Rights and Freedoms. Reading the Charter for the first time, Section 15 - the equality rights section - caught my attention the most. I remember reading under Section 15(1):

“15.(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” 

The 16 year old in me instantly thought how wonderful it is that we live in a country where everyone is equal. I soon realized however that equality in its truest of senses does not exist. Section 15(1) of the Charter in short provides for all people to be treated equal “before and under the law” or in simple terms, to be subject to the same due process in the judicial system, and to be afforded the same legal protection without being discriminated against in government dealings with individuals. However, people are not all treated equally in our society. To the contrary, every day we treat people differently based on their socio-economic status, job titles, and affiliations to name a few.

We are not all given the same opportunities in life nor do we have equal access to the same resources. The question then arises, can and should we actually maintain the same standards and expectations for all people in our society? We do, but the question that should really be asked is if we should?

On a prima facie level, one would instinctively say “yes”.  After all, how is a society expected to function without all people being held to the same standards and laws.  Laws are made to be followed by all citizens, not merely a selected hand few. However, one is then posed with the question if this is a fair expectation. I would argue that yes, we should all have to maintain certain standards, especially with respect to the following of laws and societal standards. However, we have to be mindful of the fact that these standards are not equally as easy for all people to follow.

For example, the homeless man who steals food to feed himself should be subject to the same prosecution as any other citizen as stealing is contrary to our societal standards. As a society though, we also need to be conscientious of the fact that a person in this position is marginalized and does not have access to the same resources that others do. Accordingly, we as a society should be striving to bridge the gap between the disadvantaged and advantaged, the fortunate and the marginalized, and the rich and the poor.

For some this is a social aspiration and a goal that they are constantly striving to achieve. However, others take the apathetic view of “if it does not directly affect me, it is not my problem. ” To the apathetic crowd, I would argue it is your problem or at least will become your problem when your tax dollars are spent on it.

As a society we all need to constantly be sensitive to the problems, disadvantages and challenges that many groups in our society face, and make a concerted effort to bridge such gaps.  If each one of us could truly internalize what the word equality means and believe in affording true equality to all people, our social progression would be great - changing our political, social and economic landscapes immensely.

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