What is the test for creating a benefit that singles out a disadvantaged group for inferior treatment or that gives rise to inferior treatment?

British Columbia, Canada

The following excerpt is from P.D. v. British Columbia, 2010 BCSC 290 (CanLII):

Third, it is not open to government to create a benefit that either singles out a disadvantaged group for inferior treatment or that gives rise to inferior treatment: Auton para. 41; Eldridge para. 73. Instead when government does create a benefit that benefit must comply with the Charter. In Chaoulli v. Quebec (Attorney General), 2005 SCC 35, [2005] 1 S.C.R. 791, in the context of a s. 7 challenge, McLachlin C.J. and Major J. said at para. 104: “The Charter does not confer a freestanding constitutional right to health care. However, where the government puts in place a scheme to provide health care, that scheme must comply with the Charter.”

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