Levels of Review in American Equal Protection and under the Charter

  • June Ross


The author examines American law dealing with equal protection analysis and the possible application of such guidelines to s. 15 of the Charter. The concept and function of levels of review in the United States are discussed. The author concludes that levels of review have performed important definitional, flexibility and predictability functions in American jurisprudence and that such functions may also be performed in our Charter analysis if the American experience and theory is applied.