How is substantive equality different from formal equality


Discussion Post

Scenario: Kyle v. Conestoga Community Health Clinic

This scenario is based on Kyle Maclean v. The Barking Frog.

The CCHC holds an annual fundraiser that features male models being auctioned off to the highest bidder. This event is the main fundraiser for the organization and is essential for providing services. The committee for the event decided that they needed to attract more females to the event. Therefore the event was billed as a "ladies night" and female could attend at half the cost of males. Kyle is a male staff of CCHC and he wanted to attend the fund raiser. Kyle went to the event and the doorman told him the cover charge was $20 for the men but only $10 for the women in the group. Kyle was upset and was unwilling to pay the $20 so he did not go to the fundraiser.

Kyle launched a human rights complaint claiming the different cover charges amounted to discrimination based on the ground of sex.

Group discussion questions:

a) Did Kyle face discrimination? If so, what type?
b) What factors would be taken into account to determine if there was a violation of the Code?
c) How is substantive equality different from formal equality?

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