What is the test for a violation of s. 15(1) of the Canadian Human Rights Code?

Ontario, Canada


The following excerpt is from Baltruweit v. Canada (Attorney General), 2005 CanLII 19794 (ON SC):

In Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 S.C.R. 624, at para. 58, LaForest J. explained the test as follows: A person claiming a violation of s. 15(1) must first establish that, because of a distinction drawn between the claimant and others, the claimant has been denied “equal protection” or “equal benefit” of the law. Secondly, the claimant must show that the denial constitutes discrimination on the basis of one of the enumerated grounds listed in s. 15(1) of one analogous thereto.

This was further explained by Iacobucci J. in Law v. Canada (Minister of Employment and Immigration) (1999), 1999 CanLII 675 (SCC), 170 D.L.R. (4th) 1 at para. 88 in subpara. 4 as follows: In general terms, the purpose of s. 15(1) is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration.

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