[123]By developing its equality jurisprudence around the concept of unfair discrimination this Court engages in a structured discourse centred on respect for human rights and non-discrimination.[1] It reduces the danger of over-intrusive judicial intervention in matters of broad social policy, while emphasising the Court’s special responsibility for protecting fundamental rights in an affirmative manner. It also diminishes the possibility of the Court being inundated by unmeritorious claims, and best enables the Court to focus on its special vocation, to use the techniques for which it has a special aptitude, and to defend the interests for which it has a particular responsibility. Finally, it places the Court’s jurisprudence in the context of evolving human rights concepts throughout the world, and of our country’s own special history.
- ↑ See the case of Andrews v Law Society of British Columbia (1989) 30 CRR (2d) 193, a landmark in equality jurisprudence.
