What is the test for treating political belief as an analogous ground to discrimination under s. 15(1) of the Canadian Constitution?

Prince Edward Island, Canada


The following excerpt is from Condon v. Prince Edward Island, 2002 PESCTD 41 (CanLII):

This was the one challenging question in this constitutional analysis. Political belief is not one of the prohibited grounds enumerated in s. 15(1), and it is not already recognized as analogous. The fundamental consideration in those circumstances becomes whether recognition of the basis for treatment as an analogous ground would further the purposes of s. 15(1). Those purposes are previously stated under the discussion of the judicial approach to s. 15(1). The case law has recognized various contextual factors that may demonstrate that a trait or combination of traits by which a claimant is defined has discriminatory potential. A flexible approach to the test is needed to appreciate that stereotyping, prejudice, or denial of human dignity and worth that might occur in various and specific ways for specific groups of people: Corbiere v. Canada, supra, at paras. 58-61.

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