QUELQUES POINTS DE REPERE SUR L'EGALITE DANS UNE SOCIETE DIVERSIFIEE

Abstract

Today in Canada, the idea of equality holds considerable sway in law and in debates over public policy. The author discusses four aspects of equality. The Supreme Court of Canada in Law spelled out the approach to equality as a legal constrict. As is apparent from history, and particularly American history, the idea of equality has a malleable content which changed radically between the Revolution and present-day Critical Race Theory. From an epistemological standpoint, this idea may itself amount to a stereotype; at any rate, its significance is altogether different in monocultural and multicultural societies. Finally, inasmuch as it is now an accepted principle of judicial ethics, equality creates an added tension in the business of judicial differentiation and it reminds us that critical self-perception is an essential element of judging.