Race

Formal distinctions based on race, in Canada, apply exclusively to aboriginal peoples, and particularly to Indians on reservations. Native Indians are eligible for some benefits not available to other citizens, but are also excluded from certain benefits widely extended to the rest of the population.

Citizenship

In a number of federal laws, certain benefits are extended only to citizens. Aside from the right to vote and hold office, citizenship is generally a requirement for Public Service employment, some sponsorship arrangements under the Immigration Act, and for appointment to a number of federal boards and commissions, most notably the CBC and federal banking institutions.

Marital Status

Although marital status is not one of the prohibited grounds of discrimination in Section 15, it is expected that because of the open-endedness of the clause, cases involving marital status discrimination could be brought before the courts. Canadian laws and administrative practices are inconsistent in their treatment of marital status - in some cases, the law benefits those who are legally married and, in other instances, disadvantages them. The major problems to consider when examining marital status and benefits conferred, arise with the distinction made between those who are legally

married and those who are living common-law. For example, while the Income Tax Act allows some transactions of financial benefit to couples living common-law, it prohibits them between those who are married - and vice versa. One of the classic examples of the problems which arise is among elderly couples receiving the Guaranteed Income Supplement. Those who are married receive less than those who are simply cohabiting Further problems based on marital status arise in the Immigration Act and the Armed Forces.

Sexual Orientation

Sexual orientation, like marital status, is not a prohibited ground for discrimination, but it may be possible to challenge discrimination on this basis, under the equality rights section. This issue of sexual orientation is raised in the federal discussion paper, particularly in relation to employment in the Armed Forces, where homosexuality is grounds for dismissal in practice, sexual orientation is undoubtedly used by other employers as a criterion for dismissing people or not hiring them.

The foregoing is a summary of issues which the Dept. of Justice has identified as requiring resolution through public discussion and debate. These issues, under the categories of age, sex, race, citizenship, marital or family status, and sexual orientation are all of significance and importance to women. Women have a large stake in each of these areas and, consequently, must be involved extensively in the discussions, presentations and debate about the resolution of these equality rights issues in Canada.