What is the test for the Canada Human Rights Guarantee?
Ontario, Canada
The following excerpt is from Wynberg v. Ontario, 2006 CanLII 22919 (ON CA):
The fundamental purpose of the guarantee is to protect against the violation of essential human dignity that may arise through disadvantage, stereotyping, or political or social prejudice. It seeks to promote a society in which all persons enjoy [page571] equal recognition at law as human beings or as members of Canadian society, equally capable, and equally deserving of concern, respect and consideration. This is the expression of the concept of equality articulated in the seminal case of Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497, [1999] S.C.J. No. 12, at para. 51.
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