A Provincial Statute Says That a Monthly Allowance of $250

question 11

Multiple Choice

A provincial statute says that a monthly allowance of $250 is available to "any parent or set of parents that cares for an adopted child who is under the age of 12." That provision was challenged under the Charter by a parent who cares for a young child to whom she gave birth. The court agrees that the statute discriminates against "birth parents." As a remedy, the court could

• A) declare that the relevant provision is valid under the Charter and is therefore unconstitutional.
• B) allow the federal government to amend the provincial statute.
• C) read in a broader definition of "parent" that excludes both adoptive parents and birth parents.
• D) strike down the statute, but suspend the effect of that remedy in order to give the government time to re- draft the legislation.
• E) grant an injunction that allows the parents to re- draft the statute in a way that extends the allowance to birth parents.

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