How has discrimination been defined in the context of discrimination in education?

British Columbia, Canada


The following excerpt is from C.S.W.U. Local 1611 v. SELI Canada and others (No. 8), 2008 BCHRT 436 (CanLII):

McIntyre J. defined discrimination Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, a Charter case frequently relied upon in human rights cases, in similar terms: I would say then that discrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual’s merits and capacities will rarely be so classed. (para. 37)

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