Charter Section 15(1) appears to be dead letter law in academic appointments
The article by Peter MacKinnon examines whether universities have undermined Canada's Charter of Rights and Freedoms, particularly section 15(1), which mandates equality and protection from discrimination. MacKinnon argues that affirmative action in academic hiring has led to systemic discrimination against groups such as white males not in targeted categories. A study by the Aristotle Foundation analyzed 489 job advertisements from 10 universities, revealing that many positions required or preferred candidates from specific groups, thus bypassing section 15(1)'s protections. While section 15(2) allows for affirmative action, MacKinnon suggests it does not grant universities unlimited discretion. He posits that universities may not voluntarily alter their practices, but funding governments could enforce changes. MacKinnon, a former university president and Senior Fellow, highlights the ideological shift in academia.