What is the test for s. 15 Charter analysis?
Canada (Federal), Canada
The following excerpt is from Sauvé v. Canada (Chief Electoral Officer), 1995 CanLII 3565 (FC), [1996] 1 FC 857:
The first step in a s. 15 Charter analysis requires the court to determine whether, due to a distinction created by the impugned law, there has been a denial of an equality right. At this stage, the court should consider whether the challenged law has drawn a distinction between the claimant and others, based upon personal characteristics: Egan v. Canada (1995), 1995 CanLII 98 (SCC), 124 D.L.R. (4th) 609 at pp. 661-2, [1995] 2 S.C.R. 513, 95 C.L.L.C. ¶210-025.
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