Vriend v. Alberta - Impact on the Canadian law

Vriend v. Alberta - Impact on the Canadian law

Introduction

The case is all about changes in the candian law and the impacts made on the socio-politcal conditions of that had been changed due to this case. According to what I observed in this case is that Sexual orientation and Equality rights are the most important problem which is still up a really hot debatable topic. Case of the Vriend v. Alberta has now been the landmark decision. This topic is used to give a definitive answer to the equality question rising in the minds of peoples about the rights of homosexuals, which is described in the Supreme Court, in 1991.

Vriend had been fired from the job being the lab instructor in the Christian college at the Edmonton as he was a gay. Vriend attempts to file the complaint to human rights of Alberta. The Commission versus the school on the grounds of Delwin had been discriminated because of the sexual orientation. The Commission confirmed him mentioning that Vriend is not able to file the charge because of sexual orientation as not been protected in the Individual's Rights Protection Act (IRPA) province (Nicole, 2008).

Vriend began the crusade for omission from this act to be considered as an unconstitutional, being against the section 15 that is the equality rights of Canadian Charter of Rights and Freedoms. The case resulted even more conflicts when the different questions of rather the Charter had the power to nullify I RPA as an act considered to be just the piece of legislation which had affected the interactions in between the people rather than the people with the government, as the previous case of Supreme Court had decided. Followed by seven years the trials in all the three different levels of Canadian court, the Supreme Court give the answer in Vriend's favor and also declared that IRPA will be changed in order to the addition of sexual orientation that would eventually make it 100 percent protected from the discrimination. This was the case of Vriend v. Alberta that largely impacted the Canadian law in different ways than being just the guarantee of equality rights to homosexuals.

Discussion

The main constitutional issues that have been addressed by the court were:

A) Not to include the sexual orientation decisions

b) The sexual orientation non-inclusion, as the forced ground of discrimination of the IRPA, now has been known as the human rights citizenship and multiculturalism act in which the rights were guaranteed by the Canadian Charter of Rights and Freedom

The sexual orientation was not been particularly mentioned in section 15, but could be found by the section as the purpose of that was to protect problematic groups and providing protection to all by means of equality. It listed those categories that had been discriminated previously as well. The major change made by the Albertan government was that the discrimination can be found in the section 1 of the particular chapter that allows with the power of Supreme Court ...