What is the test to be met by the Court of Appeal for the purpose and effect of legislation that prohibits discrimination in the context of discrimination?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
This is the complex issue at the root of the petitioner’s challenge. The test to be met is whether the impugned legislation in purpose or effect violates “…essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all person enjoy equal recognition at law as human beings or as member of Canadian society, equally capable and equally deserving of concern, respect and consideration”. [Law v. Canada, supra, at para. 51]. Legislation may violate human dignity in various ways, for example, by perpetuating negative stereotypes or the view that affected parties are inherently less worthy or deserving.
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