REGINA V. DRYBONES AND EQUALITY BEFORE THE LAW

Abstract

J.C. Smith considers the meaning of equality before the law in light of the Drybones decision, which he considers to herald a new role for the Supreme Court with greater potential than ever before to use the principles of fundamental justice towards the enrichment of basic rights and liberties. The author then elaborates six possible definitions of equality, and proffers a further set of six criteria that any theory of equality adopted by the Supreme Court in the future ought to meet.