Open AccessThe Economics of Canadian Anti-Discrimination Laws
Author(s) -
Reagan Seidler
Publication year - 2020
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2597
Subject(s) - sanctions , redistribution (election) , politics , welfare , law and economics , perspective (graphical) , economics , political science , law , statement (logic) , public economics , artificial intelligence , computer science
Prohibiting discrimination is a noble political statement. What does it mean as economic policy? Applying a neoclassical framework, the article examines how Canada’s human rights laws affect society and marginalized groups from a welfare perspective. The article offers several practical reforms to improve the efficiency of current laws such as uncapping damage awards, removing criminal sanctions, and allowing non-profits to participate in remedies so as to compensate marginalized groups for systemic effects of discrimination. It also discusses bolder market-based options, including the taxing and licencing of discrimination for instances where our great project towards equality might be better served by redistribution than prohibition.