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.”

Other Questions


What must a plaintiff prove to establish that a member of a group is liable for the actions of the group? (British Columbia, Canada)
Does a joint tenant who takes the entire benefit of real property through survivorship must take the burden associated with the benefit? (British Columbia, Canada)
Is a refusal of an extradition judge to hear evidence for the purposes of creating a record not a reviewable matter? (British Columbia, Canada)
Is a law firm entitled to transfer fees for the time required to put files in order for the benefit of a client's new solicitors? (British Columbia, Canada)
In what circumstances will a plaintiff refuse treatment for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
Is differential treatment based upon an enumerated ground? (British Columbia, Canada)
What is the appropriate notice period for a former chief executive officer of a community group? (British Columbia, Canada)
What is the test for having a mental disability or political belief as a factor in adverse treatment? (British Columbia, Canada)
What is the difference between benefit and detriment for a person who provides household services without compensation? (British Columbia, Canada)
Does an appellate court have to defer to the treatment of the evidence by the trial judge? (British Columbia, Canada)

There are no other similar questions at this time.