What constitutes discrimination under the Canadian Human Rights Act?
Canada (Federal), Canada
The following excerpt is from Canadian Human Rights Commission v. Human Rights Tribunal, 1997 CanLII 5899 (FC):
A few preliminary comments need to be made concerning discrimination. Although the Canadian Human Rights Act prohibits discrimination based on the grounds listed in subsection 3(1), nowhere does it define what constitutes "discrimination". In Andrews v. Law Society of British Columbia,6 McIntyre J. defines the expression by incorporating three components. He states that discrimination is (1) a distinction, (2) based on a personal characteristic that corresponds to a prohibited ground of discrimination and that (3) imposes a burden on some individuals and not on others:
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