In order to conduct the necessary analysis to determine whether there is a distinction, Iacobucci J., in Law v. Canada, supra, commented upon the development of the comparative approach. He observed at para. 56 that “[u]ltimately, a court must identify differential treatment as compared to one or more other persons or groups.” He further observed that it is generally the claimant who selects the person or group with whom he or she wishes to be compared.
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