What is the definition of discrimination in the context of human rights law?

Newfoundland and Labrador, Canada


The following excerpt is from Green v 54587 Inc. (O/a New Reflections Unisex Salon, Tanning and SPA), 2022 CanLII 25802 (NL HRC):

104. The meaning of "discrimination" in the context of human rights has been widely accepted to mean the following: 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 Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 SCR 143 Proof of Discrimination

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