What is the test for discrimination in s. 15(1) of the Canadian Human Rights Code?
Ontario, Canada
The following excerpt is from R. v. P.C., 2014 ONCA 577 (CanLII):
Section 15(1) gives every individual a guarantee of equality before and under the law as well as the right to equal protection and equal benefit of the law without discrimination. The grounds of discrimination enumerated in s. 15(1) are not exhaustive. Discrimination on grounds analogous to those set out in s. 15(1), generally discrimination on the basis of irrelevant personal characteristics, is also prohibited: Andrews v. Law Society of B.C. 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 at p. 165.
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