The following excerpt is from Falkiner v. Ontario Ministry of Community and Social Services, 1996 CanLII 12495 (ON SCDC):
Once it has been determined that a law discriminates either on its face or in its application on the basis of characteristics enumerated in s. 15(1), the issue of whether the discrimination can be justified moves to s. 1 of the Charter: Miron v. Trudel (1995), 1995 CanLII 97 (SCC), 124 D.L.R. (4th) 693 (S.C.C.), per McLachlin J., p. 739.
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