Does the category of "essential visitor" constitute an analogous ground under s. 15 of the Charter?

Ontario, Canada


The following excerpt is from Sprague v. Her Majesty the Queen in right of Ontario, 2020 ONSC 2335 (CanLII):

Nor does the category of an “essential visitor” constitute an analogous ground under s. 15(1). Analogous grounds are immutable personal characteristics or personal characteristics which are changeable only at unacceptable cost to personal identity. To date, very few analogous grounds have been accepted under s. 15 of the Charter; they include: sexual orientation, marital status, citizenship and aboriginality-residence (i.e. status of living off-reserve). Patients who have “essential visitors” are a heterogeneous group who share no common personal characteristics that are capable of meeting the stringent threshold to qualify as an analogous ground under s. 15 of the Charter, Platnick v. Bent, 2018 ONCA 687 at para. 116.

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