What is the test for equal treatment in the context of the Charter of Canada?
Ontario, Canada
The following excerpt is from R. v. Capay, 2019 ONSC 535 (CanLII):
Section 15 of the Charter is concerned with the application of the law, recognizing that every difference in treatment between individuals under the law will not necessarily result in inequality and that identical treatment may frequently produce serious inequality. To approach the ideal of full equality before and under the law, the main consideration must be the impact of the law on the individuals or the group concerned: Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, at pp. 164-165.
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