How has discrimination been defined by the Law Society of B.C?

Canada (Federal), Canada

The following excerpt is from Gingras v. Canada (T.D.), 1990 CanLII 8045 (FC), [1990] 2 FC 68:

In Andrews v. Law Society of B.C., McIntyre J. (dissenting as to the conclusion only) defined discrimination as follows (at p. 18): 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. (My emphasis.)

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