What is the test for an individual to be found in breach of s.15(1) of the Criminal Code of Canada?
British Columbia, Canada
The following excerpt is from British Columbia Civil Liberties Association v Canada (Attorney General), 2018 BCSC 62 (CanLII):
Citing Symes v. Canada, 1993 CanLII 55 (SCC), [1993] 4 S.C.R. 695 at 765, and Withler v. Canada (Attorney General), 2011 SCC 12 at para. 64, the Government stresses that to be in breach of s. 15, the challenged distinction must be caused by the law and not the product of diffuse social factors or circumstances that exist independently of the law.
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