Section 149 of the Canadian Charter of Rights and Freedoms is a provision that relates to equality rights and non-discrimination. It states that "every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability."
This section is an important part of the Charter, which is the supreme law of Canada and sets out certain fundamental rights and freedoms that are protected by the Constitution. The Charter applies to all levels of government in Canada, including federal, provincial, and territorial governments, and to any actions or decisions made by these governments that affect the rights and freedoms of Canadians.
Section 149 is designed to protect individuals from discrimination on the grounds listed in the section. This means that the government and other public authorities are not allowed to treat individuals differently based on these grounds, unless there is a good reason for doing so. For example, if a government policy disproportionately affects a particular group of people based on their race, national or ethnic origin, or religion, it may be challenged under section 149 as a form of discrimination.
The protection provided by section 149 is not absolute, however. The government may be able to justify a policy or action that has a discriminatory impact if it can show that it is necessary to achieve a legitimate and pressing objective. This is known as the "reasonable limits" clause, which is set out in section 1 of the Charter.
Overall, section 149 is an important part of the Charter that helps to ensure that all individuals in Canada are treated fairly and with respect, regardless of their background or characteristics. It helps to create a more inclusive and just society, and serves as a reminder that every individual is entitled to equal protection and benefit under the law.
