Equality is a fundamental Canadian right guaranteed by this country’s Constitution and human rights laws. At the same time, equality means different things to different people, and individuals frequently disagree over what an equal society should look like. Canadians rely on governments, legislatures, tribunals and courts to provide guidance when it comes to implementing the principles of equality on a practical basis. One of the primary applications of the human right to equality is through the accommodation of difference, including factors such as disability, religion or gender, by the institutions that govern our lives, from employer, to service provider, to government. This paper explores the right to equality in Canadian law and how that right has generated a duty of reasonable accommodation that governs the practices of various actors in our communities including employers, landlords, service providers and governments across the country. Specific examples will be provided of how the duty to accommodate has been interpreted in relation to disabilities and religious obligations, as well as gender and family status.
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