What is the test for discrimination against de facto adoptees?

With regard to the contextual element of part three of the tripartite test the Respondent has not established that de facto adoptees have suffered any pre-existing disadvantage, stereotyping, prejudice or vulnerability, or that they are members of a “discrete and insular minority” sufficient to show that they have historically been, or currently are, targeted as a group which suffers actual discrimination. There is no pre-existing factor which suggests de facto adoptees have suffered discrimination. The Respondent in short does not meet the initial or threshold contextual test of actual discrimination according to Law v. Canada (supra).