Does a new benefit or remedial provision in a new law create a new distinction?

Where a law establishes a new benefit, but does so in a discriminatory manner, that law will “create” a distinction. But where, as here, a law removes a remedial provision that was put in place to alleviate the discriminatory effect of other laws, then the removal of that remedial provision may not create a new distinction, but it will reinforce, perpetuate, or exacerbate the discriminatory effect that was intended to be alleviated by the remedial provision. As Abella J. explained in Quebec v. Alliance, at paras. 33-36, 42, provisions enacted to alleviate a discriminatory impact are not unchangeable, and can be modified, but any modifications must be constitutionally compliant in their effect, and must not cause a discriminatory impact.