What is the test for discrimination in s. 15(1) of the Charter?

Alberta, Canada


The following excerpt is from Auger v. Alberta (Workers' Compensation Board), 1989 CanLII 3362 (AB QB):

In interpreting s. 15(1) of the Charter, McIntyre J. in Andrews v. Law Society of British Columbia (1989), 1989 CanLII 2 (SCC), 56 D.L.R. (4th) 1 at p. 13, [1989] 1 S.C.R. 143, [1989] 2 W.W.R. 289, observed: It is not every distinction or differentiation in treatment at law which will transgress the equality guarantees of s. 15 of the Charter. It is, of course, obvious that legislatures may — and to govern effectively — must treat different individuals and groups in different ways. Indeed, such distinctions are one of the main preoccupations of legislatures. The classifying of individuals and groups, the making of different provisions respecting such groups, the application of different rules, regulations, requirements and qualifications to different persons is necessary for the governance of modern society. As noted above, for the accommodation of differences, which is the essence of true equality, it will frequently be necessary to make distinctions. and at p. 18: I would say then that discrimination may be described as a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits and advantages available to other members of society. Distinctions based on personal characteristics attributed to an individual solely on the basis of association with a group will rarely escape the charge of discrimination, while those based on an individual’s merits and capacities will rarely be so classed.

Other Questions


Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
Does the 9 month delay in scheduling for a hearing on a motion for an application for Charter status constitute a Section 11(b) Charter issue? (Alberta, Canada)
What is the test for determining whether discrimination has occurred in the context of employment law? (Alberta, Canada)
What is the test for finding discrimination on the basis of allegations that conduct is racially motivated? (Alberta, Canada)
How have courts dealt with discrimination against non-Canadian citizens on the grounds of citizenship and place of origin? (Alberta, Canada)
What is the burden of proof in a discrimination case? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
What is the test for exclusion of evidence pursuant to Section 24(2) of the Charter? (Alberta, Canada)
What is the range of general and pecuniary damages for discrimination against an employer in a human rights case? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.