Binnie J. summarized the framework for assessing a s. 15 claim in Little Sisters Book and Art Emporium v. Canada (Minister of Justice), 2000 SCC 69; [2000] 2 S.C.R. 1120 at 1183 (S.C.C.): … [T]he analysis proceeds in three stages with close regard to context. At the first stage the claimant must show that the law, program or activity imposes differential treatment between the claimant and others with whom the claimant may fairly claim equality. The second stage requires the claimant to demonstrate that this differentiation is based on one or more of the enumerated or analogous grounds. The third stage requires the claimant to establish that the differentiation amounts to a form of discrimination that has the effect of demeaning the claimant’s human dignity. The “dignity” aspect of the test is designed to weed out the trivial or other complaints that do not engage the purpose of the equality provision.
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