What is the test for making a distinction between 16 years of age and older?

Under the Act, persons under 16 years of age are treated differently than those 16 years of age and older. The board relied upon the decision of Andrews v. Law Society of British Columbia (1989), 1989 CanLII 2 (SCC), 56 D.L.R. (4th) 1, [1989] 1 S.C.R. 143, 25 C.C.E.L. 255, and examined the threshold test as set out by McIntyre J. at p. 18 to determine whether such a distinction amounts to discrimination. 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.