Nothing to See Here: Sex Discrimination and the Challenge to “First Past the Post” in Fair Voting BC
Abstract
This article argues that the Ontario Court of Appeal embraced an unduly restrictive understanding of causation in section 15 cases in its Fair Voting BC judgment — one rooted in the Supreme Court’s dicta in R v Sharma. It argues that this approach threatens to hollow out adverse, systemic discrimination by insisting that a law be an independent source of disadvantage in cases that are intrinsically systemic and multicausal.
Fields of Study & Subjects
Discrimination and Equality Law
Law
Rights
and Freedoms
Feminism
Gender
and Sexuality Studies
Publication details
- Journal / source
- Constitutional Forum / Forum constitutionnel
- Volume
- 34
- Issue
- 3
- Pages
- 11–18
- Publication date
- 4 March 2026
- Language
- EN