What is the test for making out a discrimination claim under section 15 of the Charter?

Manitoba, Canada


The following excerpt is from R. v. Creekside Hideaway Motel Ltd., 2005 CanLII 57049 (MB PC):

The case of Law v. Canada, 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 sets out the inquiries a court must make to determine whether a discrimination claim under section 15 of the Charter has been made out: First, does the impugned law (a) draw a formal distinction between the claimant and others on the basis of one or more personal characteristics, or (b) fail to take into account the claimant’s already disadvantaged position with Canadian society resulting in substantively differential treatment between the claimant and others on the basis of one or more personal characteristics? If so, there is differential treatment for the purpose of s. 15(1). Second, was the claimant subject to differential treatment on the basis of one or more of the enumerated and analogous grounds? And third, does the differential treatment discriminate in a substantive sense, bringing into play the purpose of s. 15(1) of the Charter in remedying such ills as prejudice, stereotyping, and historical disadvantage? The second and third inquiries are concerned with whether the differential treatment constitutes discrimination in the substantive sense intended by s. 15(1).

Other Questions


Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition? (Manitoba, Canada)
Does section 7 of the Charter apply to extradition proceedings? (Manitoba, Canada)
Is there any case law that supports the argument that non-government actors are not subject to section 32 of the Charter? (Manitoba, Canada)
What is the definition of a “defence of a claim” and what is the effect of the claim? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
What is the test for a plaintiff to bring a motion against legislation that would have prevented him from performing certain activities under section 2(d) of the Charter? (Manitoba, Canada)
Does the clerk of the clerk's office fail to provide the deputy returning officer with two copies of section 276 to 287 inclusive (the sections dealing with corrupt practices)? (Manitoba, Canada)
What is the difference between Section 1324 and section 1325 of the Immigration Code? (Manitoba, Canada)
How have courts interpreted section 24 (1) and 24 (2) of the Charter regarding the provision of state-funded counsel? (Manitoba, Canada)
What is the test for vexatious conduct under section 73 of the Small Claims Act? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.