Canadian Race Relations Foundation

This paper addresses the problem of the small number of racial inequality cases that have arisen under the Charter of Human Rights and Freedoms, s. 15 (the equality provision). The various barriers to litigation faced by those seeking to use s. 15 to address problems of racial inequality in Canadian society are presented, including barriers in the Charter, in the court challenges program and in the jurisprudence. The final section includes a practical guide enumerating strategies for overcoming these barriers.

Much of the adversity experienced by racialized groups in this country arises from a racism that is persuasive, but subtle; embedded deeply within legal institutions and practices, rather than evident on the face of the law. (Iyer, Nitya. p.2)