What is the current interpretation of s. 15(1) of the Canadian Human Rights Code?

Nova Scotia, Canada


The following excerpt is from Marshall Estate (Re), 2008 NSSC 93 (CanLII):

At Para. 43 of Law Iacobucci had referred to the history of the courts interpretation citing among others Hunter v. Southam Inc. 1984 CanLII 33 (SCC), 1984 2 SCR 145; . . . La Forest J., concurring with respect to the proper approach to s. 15(1), stated that the equality guarantee was designed to prevent the imposition of differential treatment that was likely to “inhibit the sense of those who are discriminated against that Canadian society is not free or democratic as far as they are concerned”, and that was likely to decrease their “confidence that they can freely and without obstruction by the state pursue their and their families’ hopes and expectations of vocational and personal development” . . . As discussed above, Wilson J. focused upon issues of powerlessness and vulnerability within Canadian society and emphasized the importance of examining the surrounding social, political, and legal context in order to determine whether discrimination exists within the meaning of s. 15(1).

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