Quote:
Originally Posted by Cube Inmate
As far as the "rights" arguments, my original problem remains. "Freedom of association" is the only fundamental Charter freedom that really applies to more than 1 person and I never advocated for refusing anybody the right to associate with anyone else. Do whatever, or whoever, you want! That does not mean, though, that your association has to be recognized under the same legal framework as another, fundamentally different association that is recognized for entirely different reasons.
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I don't think that you have a very solid underststanding of Charter rights. Firstly, the Charter right engaged by the same sex marriage debate is the right to equality guaranteed by s. 15, not the s. 2(d) right to freedom of association. Secondly, Charter rights are guaranteed to individual persons (some to legal persons, others to just individual human beings), not groups. Thirdly, that said, of all of the Charter rights, one might say that s. 15 is the closest to being a "group right" because the identification of groups who share certain personal characteristics is an essential element of s. 15 analysis.