What is the definition of discrimination in the context of employment law in Canada?

Alberta, Canada


The following excerpt is from Canada Safeway Limited v. Alberta Human Rights and Citizenship Commission, 2000 ABQB 897 (CanLII):

Safeway cites the definition of “discrimination” contained in Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 at 175: [. . .] 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.

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