What is the test for discrimination in the context of human rights?

Newfoundland and Labrador, Canada


The following excerpt is from Hasnain v. India Gate Inc., 2018 CanLII 152881 (NL HRC):

39. As identified in Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 [ 10 C.H.R.R. D/5719], in the context of human rights, the meaning of discrimination has been widely recognized to mean the following: I would say then that discrimination may be described as a distinction, whether intentional or not 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.

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