What is the test to establish a Charter violation?
British Columbia, Canada
The following excerpt is from AAA Action Movers (2008) Inc. v. Walker, 2021 BCCA 400 (CanLII):
Briefly stated, to establish a prima facie s. 15 Charter violation, a claimant must demonstrate that the impugned law or state action: • on its face or in its impact, creates a distinction based on enumerated or analogous grounds; and • imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating, or exacerbating disadvantage. Fraser v. Canada (Attorney General), 2020 SCC 28 at para. 27.
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