The requirement to identify a group characteristic in respect of the complainant is based on the historical development of legislation against discrimination. Typically, discrimination has been based on membership in a group, such as religion or race. With respect to marital and family status, the concern expressed in Cashin v. C.B.C. (1988), 9 C.H.R.R. D/5343 (F.C.A.) and left unresolved in Brossard seems to be that, if “relative status” (as opposed to “absolute status”) is to be regarded as a basis for prohibited discrimination, it should be possible to identify a group characteristic possessed by the complainant, which has led to the discriminatory treatment, or else the “anti-group” element of discrimination is missing.
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