What is the test for equality in s. 15 of the Charter?

Nova Scotia, Canada


The following excerpt is from Dartmouth/Halifax County Regional Housing Authority v. Sparks, 1993 CanLII 9330 (NS SC):

The most authoritative case in Canada with respect to the interpretation and application of s. 15 (1) of the Charter in Andrews v. Law Society of British Columbia, supra. McIntyre J., in dealing with the "concept of equality", made the following statement at p. 11: To approach the ideal of full equality before and under the law — and in human affairs an approach is all that can be expected — the main consideration must be the impact of the law on the individual or the group concerned.

Other Questions


Is there any case law in which a police force has been found to have violated a suspect's Charter of Charter Freedoms? (Nova Scotia, Canada)
Is the delay caused by an appeal from a judicial stay subject to Charter scrutiny? (Nova Scotia, Canada)
Is there a violation of the accused’s Charter right to be detained by the police? (Nova Scotia, Canada)
What is the test for excluding or excluding evidence in a criminal case as a result of a charter breach? (Nova Scotia, Canada)
What is the test for privacy in the context of section 8 of the Charter? (Nova Scotia, Canada)
In what circumstances have the Courts found that the Minister of Fisheries and Oceans violated sections of the Constitution and Charter? (Nova Scotia, Canada)
How has the Charter of Rights and Freedoms been interpreted? (Nova Scotia, Canada)
What is the test for s. 15(1) of the Charter? (Nova Scotia, Canada)
Is it unfair or unconscionable to make an equal division of pre-marriage pension entitlements in shorter marriages, particularly those of five years or less? (Nova Scotia, Canada)
Is exclusion of common law couples from the property division and support regimes applicable to married and civil union spouses violated section 15(1) of the Charter? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.