discrimination, common law, redress, legislation, Quebec, courts, legal history
Does discrimination law have anything in common with the common law? This question, which may have been reworded from time to time in deference to the age in which it was raised, is one which has recurred with remarkable tenacity throughout most of this century. It is also a question which continues, despite initial impressions, to be relevant to the manner in which adjudicatots interpret and apply anti-discrimination legislation today.
Béatrice Vizkelety, "Discrimination, the Right to Seek Redress and the Common Law: A Century-Old Debate" (1992) 15:2 Dal LJ 304.