Taking Measure of the Charter’s Equality Guarantee: A Comment on the Court of Appeal’s Ruling in Morrow v. Zhang

Abstract

On 12 June 2009, the Alberta Court of Appeal released its decision in Morrow. The central issue in the case was whether Alberta’s minor injury cap unjustifiably violates the right to equality guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms. Overturning the trial judgment of Neil Wittman A.C.J., the Court of Appeal concluded that the minor injury cap does not violate the Charter’s equality guarantee. The appeal Court held that, when looked at in the context of the province’s overall regulatory scheme of automobile accident insurance, the minor injury cap does not perpetuate a negative stereotype of individuals who suffer minor soft tissue injuries in motor vehicle accidents.