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

British Columbia, Canada


The following excerpt is from Withler et al v. Attorney General of Canada, 2006 BCSC 101 (CanLII):

As mentioned above the purpose of s. 15(1) is to remedy the “imposition of unfair limitations upon opportunities, particularly for those persons or groups who have been subject to historical disadvantage, prejudice, and stereotyping” (Law v. Canada ¶ 42).

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