What is the test for a challenge under s. 15 of the Charter of Rights?
Manitoba, Canada
The following excerpt is from Gateway Bible Baptist Church et al. v. Manitoba et al., 2021 MBQB 219 (CanLII):
When a court considers a challenge on the basis of s. 15 of the Charter, it must first ask whether the impugned law, on its face or in its impact, creates a distinction based on enumerated or analogous grounds. If it does, it must be determined whether the law imposes burdens or denies benefits in a manner that has the effect of reinforcing, perpetuating or exacerbating disadvantage (see Kahkewistahaw First Nation v. Taypotat, 2015 SCC 30, paragraphs 18–19).
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