What is the test for proving a prima facie breach of section 15(1) of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from Ontario Teacher Candi, 2021 ONSC 7386 (CanLII):
To show a prima facie breach of s. 15, the Applicants must show that the law or state action: (i) on its face or in its impact creates a distinction based on enumerated or analogous grounds; and (ii) imposes burdens or denies benefits in a manner that has the effect of reinforcing, exacerbating or perpetuating disadvantage. Once a prima facie violation of s. 15(1) is made out, the onus shifts to the Respondent to establish that the violation is justified pursuant to s. 1: Fraser v. Canada (Attorney General), 2020 SCC 28, [2020] S.C.J. No. 28, at para. 27.
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