What is the test for prohibited discrimination under s. 15(1) of the Canadian Human Rights Code?
Alberta, Canada
The following excerpt is from R. v. Thompson, 1994 ABCA 178 (CanLII):
In Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143, at 174, McIntyre J. defined "prohibited discrimination" under s. 15(1) as: … a distinction, whether intentional or not but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
How have the courts treated the issue of human trafficking in the context of human rights legislation? (Alberta, Canada)
What is the range of general and pecuniary damages for discrimination against an employer in a human rights case? (Alberta, Canada)
What is the test for establishing prohibited ground in human rights analysis? (Alberta, Canada)
Does s. 717(4) of the English Draft Code (a) prohibit a judge from making a sentence for a second offence that is already been imposed by another judge in the case in which he is sentencing? (Alberta, Canada)
Is a draft human rights settlement agreement enforceable? (Alberta, Canada)
Does s. 7(e) of the Canadian Bill of Rights require the courts to observe "natural justice" in the context of conflict of law cases? (Alberta, Canada)
What is the burden of proof in a human rights case? (Alberta, Canada)
What is the difference between human rights legislation and the law of tort? (Alberta, Canada)
How have courts dealt with discrimination against non-Canadian citizens on the grounds of citizenship and place of origin? (Alberta, Canada)
