Midterm: Withler

Question 1

What is the significance of the Withler case?

Answer 1

Discusses comparator groups. The main question is: does the challenged law violate the norm of substantive equality in s15?

Question 2

In Withler, what is the main concern of s15(1)?

Answer 2

It is substantive equality

Question 3

What is the concern about mirror comparator groups in Withler?

Answer 3

That they can be detrimental to analysis

Question 4

What are the two issues in Withler?

Answer 4

1. Whether the appellants lack standing because their claim is based on the age of the deceased plan members, not their own age
2. whether the ReductionProvisions discriminate against the plaintiff. The appeal calls for clarification of the role of mirror comparator groups, and how an analysis under s15 is to proceed where the impugned ;aw is part of a wide reaching government benefits legislation

Question 5

What is the two part test for assessing s15 claims? (From Kapp)

Answer 5

1. Does the law create a distinction based on an enumerated or analogous ground?
2. Does the distinction create a disadvantage by perpetuating prejudice or stereotyping?

Question 6

What is the first way that substantive inequality may be established?

Answer 6

By showing that the impugned law perpetuates prejudice to members of a group on the basis of personal characteristics

Question 7

What is the second way that substantive inequality may be established?

Answer 7

by showing that the disadvantage is based on a stereotype that does not correspond to the actual circumstances and characteristics of the claimant.