What is the definition of discrimination in human rights cases?
Saskatchewan, Canada
The following excerpt is from Saskatchewan (Human Rights Commission) v. Prince Albert Elks Club Inc., 2002 SKCA 106 (CanLII):
In Andrews v. Law Society of British Columbia,[20] McIntyre J. synthesized the definitions of discrimination in various human rights cases as follows: 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.[21]
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