R v Kapp, 2008 SCC 41 (27 June 2008)

In a significant recent decision, the Supreme Court of Canada held that proactive schemes which seek to ameliorate the conditions of disadvantaged groups do not contravene the guarantee of equality in the Canadian Charter of Rights and Freedoms.  In doing so, the Court re-emphasised the Canadian Charter’s concern with substantive equality.

Detailed case note.