What is the test for determining whether a person has the same physical characteristics as a child?
Ontario, Canada
The following excerpt is from Cosyns v. Canada (Attorney General), 1992 CanLII 8529 (ON SCDC):
In determining analogous personal characteristics, it is important to look not only at the impugned legislation but also the larger social, political and legal context. It is only by examining the larger context that a court can determine whether differential treatment results in inequality. In most cases, this will entail "a search for disadvantage that exists apart from and independent of the particular legal distinction being challenged": Turpin v. The Queen, supra, at pp. 34-5.
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