British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
A party alleging a Charter section 15 infringement is not required to prove matters not within her knowledge, such as whether the legislature had a discriminatory purpose in mind when enacting the impugned legislation. [Law v. Canada, supra, at para. 80].
Equality is clearly a comparative concept, which requires identification of appropriate comparators. That in turn requires “…an examination of the subject-matter of the legislation and its effects, as well as a full appreciation of context.” [Law v. Canada, supra, at para. 88(6)].
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