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The Family Benefits Act provides social assistance to any mother whose dependent child was born out of wedlock. John Forsythe, a single father, cares for
The Family Benefits Act provides social assistance to any \"mother whose dependent child was born out of wedlock\". John Forsythe, a single father, cares for his daughter, who was born out of wedlock. Phillips applied for benets under the statute but was denied assistance because he is a father, rather than a mother. He has shown that the Act violates his right to equality under section 15(1) of the Charter. You are now required to decide the appropriate remedy. Questions to prepare for class: 1. The province argues that it should have the right to determine which citizens receive social assistance, and that the only appropriate remedy is to strike down the entire statute. Do you agree? If so, what will happen to single mothers who care for children born out of wedlock? 2. Phillips argues that he should be entitled to receive benets under the Act. Do you agree? If so, which remedy will you use? Is it possible to achieve the desired result through severance, reading down, reading in or damages
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