Is there a difference between legislation which treats one section of the population more harshly than all others by reason of race and legislation providing additional benefits to one class of women?

Alberta, Canada


The following excerpt is from Alberta (Attorney General) v. Lefthand, 1985 ABCA 81 (CanLII):

Similarly, in Bliss v. A.-G. of Canada, supra, Mr. Justice Ritchie stated at p. 423: “There is a wide difference between legislation which treats one section of the population more harshly than all others by reason of race as in the case of R. v. Drybones (1969), 1969 CanLII 1 (SCC), 9 D.L.R. (3d) 473, [1970] 3 C.C.C. 355, [1970] S.C.R. 282, and legislation providing additional benefits to one class of women, specifying the conditions which entitle a claimant to such benefits and defining a period during which no benefits are available. The one case involves the imposition of a penalty on a racial group to which other citizens are not subjected; the other involves a definition of the qualifications required for entitlement to benefits.”

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