Withler v Canada (Attorney General): Inequality, Inequity or Iniquity?
Yesterday, the Supreme Court of Canada ("SCC") heard arguments and reserved judgment in Withler v Canada (Attorney General) (see 2008 BCCA 539), the first case in over two years to challenge legislation solely on the grounds it breaches the equality guarantee of the Charter. The appeal revolves around a claim that the reduced payout from the death […]