What is the current state of the law on discrimination based on membership of a group?

Ontario, Canada


The following excerpt is from A. v. B., 1999 CanLII 14879 (ON SC):

43 Most recently, in Vriend v. Alberta, 1998 CanLII 816 (SCC), [1998] 1 S.C.R. 493 (S.C.C.), Cory J. reaffirmed that it is discrimination based on group membership that is prohibited. He begins his s. 15 analysis at para. 69: It is easy to say that everyone who is just like “us” is entitled to equality. Everyone finds it more difficult to say that those who are “different” from us in some way should have the same equality rights that we enjoy. Yet so soon as we say any enumerated or analogous group is less deserving and unworthy of equal protection and benefit of the law all minorities and all of Canadian society are demeaned. It is so deceptively simple and so devastatingly injurious to say that those who are handicapped or of a different race, or religion, or colour or sexual orientation are less worthy. Yet, if any enumerated or analogous group is denied the equality provided by s. 15 then the equality of every other minority group is threatened. That equality is guaranteed by our constitution. If equality rights for minorities had been recognized, the all too frequent tragedies of history might have been avoided. It can never be forgotten that discrimination is the antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.

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