What is the test for breaching s. 15 of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from Trinity Western University v. British Columbia College of Teachers, 1998 CanLII 7054 (BC CA):
In order to determine whether there has been a breach of s. 15, the first step is to consider whether the decision draws a distinction, either on its face or in its effect. The second step is to consider whether the distinction is based on an enumerated or analogous ground: see Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 S.C.R. 624, 151 D.L.R. (4th) 577, at para. 58.
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