What is the test for discrimination against a person who has been identified as a member of a particular social group?
British Columbia, Canada
The following excerpt is from Reid v. Vancouver (City), 2003 BCSC 1348 (CanLII):
In the case of Andrews v. The Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 at 174-175, discrimination is described as follows: … 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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