Is section 15(1) of the BC Human Rights Act, section 2(b)(ii) of which makes distinctions between individuals and groups so long as they are not discriminatory?
Saskatchewan, Canada
The following excerpt is from Penner v. Danbrook, 1992 CanLII 8274 (SK CA):
Aside from subsection (2), s. 15(1) permits and even contemplates laws making distinctions between individuals and groups so long as they are not discriminatory: Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143; 91 N.R. 255; [1989] 2 W.W.R. 289; 56 D.L.R.(4th). Since s. 2(b)(ii), read with the rest of the Act, confers a benefit or advantage upon those under 18, it is not discriminatory in respect of that group. To suggest that conferral of such a benefit upon one group meant, without more, that those excluded from the group were discriminated against because they did not receive a similar benefit would prohibit any law from making any distinction between individuals or groups.
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