Section 28 stipulates that, "not withstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons". Section 15 of the Charter of Rights and Freedoms specifically addresses equality right and states that every individual is equal before and under the law, enjoys equal protection and benefit of the law, without discrimination, including discrimination based on sex.

Section 15 subsection 2 states:

"Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. "

This is why a workplace, for example, could have an employment strategy or incentives to hire more females in a male dominated work place.  Alternatively, a race track dominated by males could, in theory, create an incentive program to encourage increased female participation by perhaps offering a bonus to females who find success. 

Hah. Been away a couple of days and stumbled across this thread. I'm not a lawyer, and don't know if the Charter covers this stuff or not. But come on. I don't think there's anything morally wrong in doing this. Like someone else pointed out, its like having 2 for 1 ladies night down at the pub. Big deal.

Besides...the only way I can see the "ladies bonus" ever being collected is if the Goertz/Book gang puts their better halves in their cars. Has anyone outside of that little group even won a race in the last 3 years, besides Jeff Coward?

I have to say, I'm pleased at the initiative of the 6 cyl bonus. The ladies bonus is a great attention grabber, but I'll bet dollars-to-donuts the 6 cyl bonus is the one that might actually make a difference. Good job there.

Piney...let us know how the lawsuit turns out.  😉

Shadow since i am not a competitor in the series i don't thing i would have standing to bring an action against the track but if i was i would do it in a heart beat . There is also no need to file suit against the track since you only have to place a complaint with the Ontario Human rights Commission and they will provide you with a lawyer free of charge while the track will have to hire one at their own expense as i all ready stated .

I am not a lawyer but after speaking to one i am informed that this would be at lest granted a hearing from the OHRC . Wether you could prevail in this case is hard to say but it would cost the track far more then the extra money they are going to pay females to defend themselves . I say who ever wins this race should demand the extra $ 500 and if they don't pay up drop a dime on them to the OHRC.  Heres the number again  1-800-387-9080 .

Let me also add that if they decide to pay extra for Muslims , Jews, Blacks , Hispanics , Chinese or COC Violation  i will be dead against that as well .
Everyone is welcome to enter the race but everyone should be racing for the same prize money .

Everyone is racing for the same prize money, except for a bonus based on a condition stated before the event. You can go on and on until you're blue in the face, but the fact of the matter is what Delaware is doing is not illegal or discriminatory. It would be different if the award was based on other (ie. non-gender) criteria yet was awarded based on gender, but under this scenario there's no case of discrimination. You can't be discriminated against in this case on something that you never had.