What is the test for equal treatment under the Charter of Rights?
Ontario, Canada
The following excerpt is from R v Maclennan, 2014 ONSC 2946 (CanLII):
The right to equality protected by the Charter does not necessarily mean that everyone within an enumerated group is treated identically. It may be necessary to treat people differently in some contexts in order to accommodate individual differences and to produce equal treatment in a “substantive sense” (Law v. Canada (Minister of Employment and Immigration) 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 at para. 25).
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