What is the test for determining whether there has been a breach of an individual’s rights under s. 15(1) of the Canadian Human Rights Code?

The defendants correctly point out that in determining whether there has been a breach of an individual’s rights under s. 15(1), a court must go through a three-step analysis: 1. Whether there is a different treatment, in purpose or effect, either by the drawing of formal distinctions, or by failure to take account of the claimant’s already disadvantaged position in society; 2. Whether the basis for the differential treatment is one or more enumerated or analogous grounds; Contextual factors with respect to this third element include: a) any pre-existing disadvantage, stereo-typing or prejudice; b) relationship between the grounds of distinction and the claimant’s characteristics or circumstances; c) any ameliorative purpose or effect of the government action; and d) the nature of the interest effected. 3. Whether the differential treatment discriminates in purpose or effect in a manner that brings into play the purpose of s. 15, viz to prevent the violation of essential human dignity and freedom, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of freedom, respect and consideration. (Law v. Canada (Minister of Employment and Immigration) (1999), 1999 CanLII 675 (SCC), 170 D.L.R. (4th) 1 (S.C.C.).)