What is the test for a party alleging a Charter section 15 infringement?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
A party alleging a Charter section 15 infringement is not required to prove matters not within her knowledge, such as whether the legislature had a discriminatory purpose in mind when enacting the impugned legislation. [Law v. Canada, supra, at para. 80].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the test for using s. 10(b) of the Charter to argue that the amended provisions in the Charter do not violate section 8(b)? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Is it unnecessary for a party alleging a section 15 violation to produce evidence to prove the elements of discrimination? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
What is the test for a Charter voire dire to establish a breach of section 7 of the Charter? (British Columbia, Canada)
