Remedy and consequences of remedy

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Question

The Family Benefits Act provides social assistance to any "mother whose dependent child was born out of wedlock." Charles Phillips, a single father, cares for his daughter, who was born out of wedlock. Phillips applied for benefits under the statute and was denied assistance because he is a father and not a mother. He has shown that the Act violates his right to equality under section 15(1) of the Charter. The province argues that it should have the right to determine which citizens receive social assistance. Phillips on the other hand argues that he should be entitled to receive benefits under the Act. Which argument do you agree with and explain your reasons for choosing that argument? Which Charter remedy would you use and explain your reasons for choosing that remedy and the consequences of the remedy?

Reference no: EM133575450

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