REPORT: Equality Rights, Section 15(1) of the Constitution Act, 1982

2023-07-17 Leave a Comment

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Date: 2023-07-17 [Updated: 2025-08-07]
By: PrimaryDocuments.ca
Citation: PrimaryDocuments.ca, Section 15(1), Equality Rights: Compilation of primary documents to assist in interpreting the public meaning of Section 15(1) of the Constitution Act, 1982, Second Ed. (August 2025).
Other formats: Click here to view the original document (PDF).
Please Note: Due to recent discoveries of new Charter drafts (which will be published in an upcoming academic paper and are available on our site), users are advised to consult this table, which has an up-to-date drafting history for Section 15(1). This table replaces the drafting history found below in this report.

The PDF and HTML below will not always align. The PDF serves as a record in time, whereas the HTML will constantly be updated. The PDF will be updated occasionally and all former versions of the report will be available for download when a new version is uploaded. For now, the PDF contains the original version of the report.
Other Reports on Section 15(1): Disability Rights.

SECTION 15(1)

Equality Rights

Compilation of primary documents to assist in interpreting the public meaning of Section 15(1) of the Constitution Act, 1982

Second Edition

August, 2025

Short Table of Contents

Part 1: The Drafting History of the Charter of Rights and Freedoms Pertaining to Section 15(1)’s Public Meaning
Endnotes

The Constitution Act, 1982

Part I. Canadian Charter of Rights and Freedoms

Equality Rights

Equality before and under law and equal protection and benefit of law

Section 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.

PART 1:

Drafting History of the Charter of Rights and Freedoms Pertaining to Section 15(1)’s Public Meaning

Drafts of the Charter of Rights and Freedoms:

January 8, 1979: Canadian Charter of Rights & Freedoms, Federal Draft, tabled at Meeting of Officials on the Constitution, (January 11-12, 1979)
July 4, 1980: Continuing Committee of Ministers on the Constitution, Rights and Freedoms within the Canadian Federation, Discussion Draft (July 8-11, 1980)
July 4, 1980: Comité Permanent des Ministres sur la Constitution, Droits et Libertés à l’Interieur de la Fédération Canadienne, Document de Travail (July 8-11, 1980)
July 16, 1980: Revised Discussion Draft with Memo re Section 1 (July 18, 1980)
August 5, 1980: Revised Discussion Draft with Memo (August 5, 1980)
August 8, 1980: Formalities to Bill: Joint Resolution (August 8, 1980)
August 22, 1980: Discussion Draft (Federal) (August 26-29, 1980)
September 3, 1980: Revised Discussion Draft (September 8-12, 1980)
September 3, 1980 : Conference Fédérale-Provinciale des Premiers Ministres, Document de Travail, Charte Canadienne des Droits et Libertés (September 3, 1980)
September 24, 1980: Resolution for joint address to Her Majesty the Queen respecting the constitution of Canada (September 24, 1980)
October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada with Handwritten Notes [Draft, Version1] (October 2, 1980)
October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada with Handwritten Notes [Draft, Version 2] (October 2, 1980)
October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada
N.D. Loose Annex Drafts of Section 15
November 14, 1980: Memo from E.I. MacDonald to Deputy Minister [Amendments] (November 14, 1980)
November 17, 1980: Draft, Memorandum to Ministers re: Possible Amendments to proposed Resolution on Constitution of Canada (November 17, 1980)
November 20, 1980: Annex [No Title] Draft (November 20, 1980)
November 21, 1980: Appendices: Some French Text and Corrections to Follow Draft (November 21, 1980)
November 24, 1980: Annexes to Memorandum to Cabinet from Minister of Justice Dated November 24, 1980 Respecting Possible Amendments to Proposed Resolution on Constitution of Canada (November 24, 1980)
November 25, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated November 25, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada (November 25, 1980)
November 28, 1980: Memorandum from Senior Counsel (Public Law) to E.I. Macdonald Re Section 15 of Charter of Rights (November 28, 1980)
December 5, 1980: Addendum to Ministers dated November 25, 1980 from the Minister of Justice re: Possible Amendments to Proposed Resolution on Constitution of Canada (December 5, 1980)
December 8, 1980: Addendum to Memorandum to Ministers Dated November 25, 1980 from the Minister of Justice re: Possible Amendments to Proposed Resolution on Constitution of Canada (December 5, 1980)
December 11, 1980: Draft, Memorandum re Possible Amendments to Proposed Resolution on Consti-tution of Canada (December 11, 1980)
December 12, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated December 12, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 1] (December 12, 1980)
December 12, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated December 12, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 2] (December 12, 1980)
December 12, 1980: Draft [No Title]
December 17, 1980: Draft Memorandum to Ministers from Ministers of Justice re Possible Amend-ments to Proposed Resolution on Constitution of Canada (December 17, 1980)
December 17, 1980: Memorandum to Ministers from Ministers of Justice re Possible Amendments to Proposed Resolution on Constitution of Canada (December 17, 1980)
December 19, 1980: Consolidation of Proposed Amendments to the Proposed Resolution Respecting the Constitution of Canada (December 19, 1980)
January 9-12, 1981: Briefing Book for Clause by Clause Consideration of the Resolution (January 1981)
January 12, 1981: Version formally presented to Special Joint Committee by Jean Chretien (January 12, 1981)
February 13, 1981: Special Joint Committee, Final Report Submitted to Parliament (February 13, 1981)
April 23, 1981: House of Commons Draft, used in Reference Re: Resolution to Amend the Constitution
November 18, 1981: House of Commons Draft
November 24, 1981: House of Commons Draft
November 26, 1981: House of Commons Draft
December 2, 1981: House of Commons Draft & Vote

Statutes and International Agreements:

1978: Bill C-60: An Act to amend the Constitution of Canada

[This section is incomplete]

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Drafts of the Charter of Rights and Freedoms

January 8, 1979: Canadian Charter of Rights & Freedoms, Federal Draft, tabled at Meeting of Officials on the Constitution, (January 11-12, 1979)

11. (1) Everyone has the right to equality before the law and to equal protection of the law without distinction or restriction other than any distinction or restriction provided by law that is fair and reasonable having regard to the object of the law.

(Source: Meeting of Officials on the Constitution, Canadian Charter of Rights & Freedoms, Federal Draft, [January 8, 1979] (Ottawa: 11-12 January, 1979). Click HERE)

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July 4, 1980: Continuing Committee of Ministers on the Constitution, Rights and Freedoms within the Canadian Federation, Discussion Draft

7. (1) Everyone has the right to equality before the law and to equal protection of the law without distinction or restriction other than any distinction or restriction provided by law that is fair and reasonable having regard to the object of the law.

(Source: Meeting of the Continuing Committee of Ministers on the Constitution, Rights and Freedoms within the Canadian Federation, Discussion Draft. Tabled by the Delegation of the Government of Canada, 4 July 1980, Doc 830-81/027 (Montreal: 8-11 July 1980). Click HERE)

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July 16, 1980: Revised Discussion Draft with Memo re Section 1

7. (1) Everyone has the right to equality before the law and to equal protection of the law without unreasonable distinction or restriction.

(Source: Memo from Fred Jordan to Roger Tassé re Charter of Rights – Possible Modifications [with Possible Alternatives to Section 1 of July 4, 1980 Draft & Revised Discussion Draft (16 July 1980)] (18 July 1980). This text is found on p. 2. Click HERE)

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August 5, 1980: Revised Discussion Draft with Memo

17. (1) Everyone has the right to equality before the law and to equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Memo from Deputy Minister of Justice to Prime Minister, Charter of Rights incl. Discussion Draft, The Canadian Charter of Rights and Freedoms (5 August 1980). Click HERE)

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August 8, 1980: Formalities to Bill: Joint Resolution

17. (1) Everyone has the right to equality before the law and to equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Canada, Formalities to Bill, Draft Joint Resolution, An Act to Amend the Constitution of Canada (8 August 1980). Click HERE)

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August 22, 1980: Discussion Draft (Federal)

17. (1) Everyone has the right to equality before the law and to equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Continuing Committee of Ministers on the Constitution, The Canadian Charter of Rights and Freedoms, Discussion Draft [Federal], (August 22, 1980), Doc 830-84/004 (Ottawa: 26-29 August 1980). Click HERE)

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September 3, 1980: Revised Discussion Draft

15. (1) Everyone has the right to equality before the law and to equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Federal-Provincial First Ministers’ Conference, The Canadian Charter of Rights and Freedoms, Revised Discussion Draft, Federal, [September 3, 1980] Doc 800-14/064 (Ottawa: 8-12 September 1980). Click HERE)

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September 24, 1980: Resolution for joint address to Her Majesty the Queen respecting the constitution of Canada

15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Canada, Parliament, DRAFT, “Resolution for joint address to Her Majesty the Queen respecting the constitution of Canada” (24 September 1980). Click HERE)

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October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada with Handwritten Notes [Draft, Version1]

15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Canada, Parliament, DRAFT, Proposed Resolution for Joint Address to Her Majesty the Queen Respecting the Constitution of Canada, Version 1 (2 October 1980). Click HERE)

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October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada with Handwritten Notes [Draft, Version 2]

15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Canada, Parliament, DRAFT, Proposed Resolution for Joint Address to Her Majesty the Queen Respecting the Constitution of Canada, Version 2 with Handwritten Notes (2 October 1980). Click HERE)

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October 2, 1980: Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada

15. (1) Everyone has the right to equality before the law and to the equal protection of the law without discrimination because of race, national or ethnic origin, colour, religion, age or sex.

(Source: Canada, Parliament, “Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada” in Sessional Papers (1980). Click HERE)

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Loose Annex Drafts of Section 15^[1]:

ALTERNATIVE I
15. (1) Everyone [Every person] has the right to equality before the law and to the equal protection and equal benefit of the law without unreasonable distinction because of race, national or ethnic origin, colour, religion, [age], or sex and every such distinction shall be presumed to be unreasonable unless a compelling reason for finding it to be reasonable is shown.

ALTERNATIVE II
15. (1) Everyone [Every person] has the right to equality before the law and to the equal protection and equal benefit of the law without unreasonable distinction.
(2) For the purposes of subsection (1), every distinction based on race, national or ethnic origin, colour, religion, [age] or sex shall be presumed to be unreasonable unless a compelling reason for finding it to be a reasonable is shown.

(Source: [Department of Justice?], [Loose] Annex [Drafts] (n.d.) found attached to Memo from Mary Dawson, Differences Between French and English, Possible Technical Changes, Possible Technical (31 October 1980). A second loose copy was found near that document as well. Click HERE)

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November 14, 1980: Memo from E.I. MacDonald to Deputy Minister [Amendments]:

15 (1). Everyone is equal before the law and has the right to the equal protection and equal benefit of the law without discrimination on the basis of race, national or ethnic origin, colour, religion age or sex.

(Source: Memo from E.I. MacDonald to Deputy Minister [with Proposed Amendments] (14 November 1980). Click HERE)

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November 17, 1980: Draft, Memorandum to Ministers re: Possible Amendments to proposed Resolution on Constitution of Canada:

(Source: Memorandum to Ministers re: Possible Amendments to proposed Resolution on Constitution of Canada (17 November 1980). Click HERE)

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November 20, 1980: Annex [No Title] Draft:

15. (1) Everyone is equal before ^[under] the law and has the right to the equal protection and equal benefit of the law without discrimination on the basis of race, national or ethnic origin, colour, religion or sex.

(Source: Canada, Parliament, “Proposed Resolution for a Joint Address to Her Majesty the Queen respecting the Constitution of Canada” in Sessional Papers (1980). Click HERE)

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November 21, 1980: Appendices: Some French Text and Corrections to Follow Draft

15. (1) Everyone is equal under the law and has the right to the equal protection and equal benefit of the law without discrimination on the basis of^[2] race, national or ethnic origin, colour, religion or sex.

(Source: [Department of Justice?], Appendices: Some French Text and Corrections to Follow Draft (21 November 1980). Click HERE)

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November 24, 1980: Annexes to Memorandum to Cabinet from Minister of Justice Dated November 24, 1980 Respecting Possible Amendments to Proposed Resolution on Constitution of Canada[3]

15. (1) Everyone is equal under the law.

(2) Everyone has the right to the equal protection and equal benefit of the law without discrimination on the basis of race, national or ethnic origin, colour, religion or sex.

(Source: Annexes du Mémoire au Cabinet du Ministre de la Justice daté du 24 novembre 1980 concernant la possibilité d’apporter des modifications au Projet de résolution concernant la Constitution du Canada (24 novembre 1980). Click HERE)

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November 25, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated November 25, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada[4]

15. (1) Everyone is equal under the law and has the right to the equal protection and equal benefit of the law^[]] without discrimination^[.] on the basis of race, national or ethnic origin, colour, religion or sex ^{[or age]}

(Source: Annexes to Memorandum to Ministers from Minister of Justice dated November 25, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada (25 November 1980). Click HERE)

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November 28, 1980: Memorandum from Senior Counsel (Public Law) to E.I. Macdonald Re Section 15 of Charter of Rights:

“15 (1) Every individual is equal under the law and has the right to the equal protection and equal benefit of the law without discrimination on the basis of race, national or ethnic origin, colour, religion or sex.

(Source: Memorandum from Senior Counsel (Public Law) to E.I. Macdonald, Section 15 of Charter of Rights (28 November 1980). Click HERE)

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December 5, 1980: Addendum to Ministers dated November 25, 1980 from the Minister of Justice re: Possible Amendments to Proposed Resolution on Constitution of Canada:

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 on the basis of race, national or ethnic origin, colour, religion or sex.

(Source: Memo from E.I. MacDonald, Addendum to Ministers dated November 25, 1980 from the Minister of Justice re: Possible Amendments to Proposed Resolution on Constitution of Canada (5 December 1980). Click HERE)

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December 8, 1980: Addendum to Memorandum to Ministers Dated November 25, 1980 from the Minister of Justice re: Possible Amendments to Proposed Resolution on Constitution of Canada:

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December 11, 1980: Draft, Memorandum re Possible Amendments to Proposed Resolution on Constitution of Canada:

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 (unreasonable) discrimination.

(2) A law that discriminates on the basis of race, national or ethnic origin, colour, religion or sex is prima facie unreasonable unless it is necessary to the achievement of a compelling state interest.

[(3) A law that discriminates on other bases (such as age, marital status, physical or mental handicap or political belief) is prima facie unreasonable unless it bears a national relationship to a legitimate state interest.]

(Source: [Department of Justice?], Draft Memorandum re Possible Amendments to Proposed Resolution on Constitution of Canada (11 December 1980). Click HERE)

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December 12, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated December 12, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 1]:

ALTERNATIVE I (Dec. 5, 10)
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 on the basis of sex, race, national or ethnic origin, colour, religion [or age].

ALTERNATIVE II (Dec. 12)[5]
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 sex, race, national or ethnic origin, colour, religion [or age].

ALTERNATIVE III (Dec. 12)
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.
(2) Every distinction based on sex, race, national or ethnic origin, colour, religion [or age] shall be presumed to be discrimination unless the contrary is shown.

(Source: Annexes to Memorandum to Ministers from Minister of Justice dated December 12, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 1] (12 December 1980). Click HERE)

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December 12, 1980: Annexes to Memorandum to Ministers from Minister of Justice dated December 12, 1980 respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 2]:

ALTERNATIVE I (Dec. 12)
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 unreasonable ^{[discrimination]} distinction[6].
(2) Every distinction based on sex, race, national or ethnic origin, colour or religion is presumed to be unreasonable unless the contrary is shown or the distinction is necessary to the achievement of a compelling state interest.[7]

ALTERNATIVE II (Dec. 5/10)
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 on the basis of race, national or ethnic origin, colour, religion, sex or age.

(Source: Annexes to Memorandum to Cabinet from Minister of Justice Dated December 12, 1980 Respecting Possible Amendments to Proposed Resolution on Constitution of Canada [Version 2] (12 December 1980). Click HERE)

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December 12, 1980: Draft [No Title]

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 on the basis of sex, race, national or ethnic origin, colour, religion or age.

(Source: [Department of Justice?], [DRAFT], Constitution Act, 1980. Click HERE)

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December 17, 1980: Draft Memorandum to Ministers from Ministers of Justice re Possible Amendments to Proposed Resolution on Constitution of Canada:

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 sex, race, national or ethnic origin, colour, religion [or age].

(Source: Draft Memorandum to Ministers from Ministers of Justice re Possible Amendments to Proposed Resolution on Constitution of Canada (17 December 1980). Click HERE)

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December 17, 1980: Memorandum to Ministers from Ministers of Justice re Possible Amendments to Proposed Resolution on Constitution of Canada:

(Source: Memorandum to Ministers from Ministers of Justice re Possible Amendments to Proposed Resolution on Constitution of Canada (17 December 1980). Click HERE)

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December 19, 1980: Consolidation of Proposed Amendments to the Proposed Resolution Respecting the Constitution of Canada

(Source: Consolidation of Proposed Amendments to the Proposed Resolution Respecting the Constitution of Canada (19 December 1980). Click HERE)

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January 9-12, 1981: Briefing Book for Clause by Clause Consideration of the Resolution:

15. (1) Every individual in 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 or age.

(Source: Canada, Briefing Book for Clause by Clause Consideration of the Resolution (January 1981). Click HERE)

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January 12, 1981: Version formally presented to Special Joint Committee by Jean Chretien[8]

(Source: Canada, Parliament, Minutes of Proceedings and Evidence of the Special Joint Committee of the Senate and of the House of Commons on the Constitution of Canada, 32nd Parl, 1st Sess, No 36 (12 January 1981). Click HERE)

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February 13, 1981: Special Joint Committee, Final Report Submitted to Parliament: