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

Question

Quizplus · Accepted Answer

Striking down the statute would be the appropriate remedy in this case as the provision discriminates against birth parents, who are similarly situated to adoptive parents in terms of caring for a child under 12. However, suspending the effect of the remedy would give the government time to re-draft the legislation to extend the allowance to birth parents, which would address the discrimination identified by the court while still allowing for the provision of financial support to parents who care for young children.

A Provincial Statute Says That a Monthly Allowance of $250