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Macdonald-Laurier Institute

Systemic discrimination is legal in Canada: Christopher Dummitt in the National Post

It’s just not the systemic discrimination most people talk about.

June 2, 2025
in Domestic Policy, Latest News, Columns, In the Media, Political Tradition, Rights and Freedoms, Christopher Dummitt
Reading Time: 1 min read
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Systemic discrimination is legal in Canada: Christopher Dummitt in the National Post

Image via Canva.

This article originally appeared in the National Post. Below is an excerpt from the article.

By Christopher Dummitt, June 2, 2025

Systemic discrimination is legal in Canada. It’s just not the systemic discrimination most people talk about.

The entirely legal forms of systemic discrimination are the so-called “ameliorative programs” meant to help those whom the Charter calls “disadvantaged groups.”

The case that’s always been made for this kind of “affirmative action” — the friendly word for “progressive” discrimination — is that it’s meant to fix a historic and ongoing problem. Certain groups have suffered discrimination and this has led to a whole host of negative outcomes, everything from under-representation in certain jobs among the well-to-do and over-representation in less pleasant outcomes in regards to criminal justice, poverty and educational failure.

All of this was made legal in the Section 15(2) of the Charter back when Prime Minister Pierre Trudeau and the premiers negotiated it in 1981 and then the same dispensation was written into various provincial human rights legislation. It makes Canada quite distinct from the United States where these programs have a much more dubious legal basis.

The question that rarely gets asked, though, is: how long will they continue?

***TO READ THE FULL ARTICLE, VISIT THE NATIONAL POST HERE***


Christopher Dummitt is a professor of history at Trent University, host of the podcast 1867 & All That (www.1867allthat.com), and a senior fellow at the Macdonald-Laurier Institute.

Source: National Post

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