A Provincial Government Recently Enacted a Statute That Established a Scholarship

question 61

Multiple Choice

A provincial government recently enacted a statute that established a scholarship for "Aboriginal students who are enrolled at Canadian universities." Melissa, a university student whose ancestors were all born in England, believes that the scholarship is unconstitutional because it unfairly discriminates against her on the basis of her race.If Melissa brought that complaint to court, a judge would likely say that

• A)the scholarship presumably is unconstitutional because it discriminates on the basis of race, and that it can be saved, if at all, only under section 1 of the Charter.
• B)the scholarship is unconstitutional because the federal government has exclusive jurisdiction over education as a result of section 92 of the Constitution.
• C)the scholarship is valid under section 15(2) of the Charter because it is aimed at improving the conditions of a disadvantaged group.
• D)because Canadian universities are private institutions, the facts do not reveal any government action that could possibly trigger the Charter's provisions.
• E)Melissa is entitled to participate in the scholarship scheme because she is a woman and because the Charter prefers rights based on sex to rights based on race.

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