What is the test for discrimination in a disability case?

Where distinctions are based upon a specifically enumerated ground, it will be a rare case where the discrimination charged might be avoided. [Law v. Canada, supra, at para. 110]. IS THE DISTINCTION DISCRIMINATORY?

This is the complex issue at the root of the petitioner’s challenge. The test to be met is whether the impugned legislation in purpose or effect violates “…essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all person enjoy equal recognition at law as human beings or as member of Canadian society, equally capable and equally deserving of concern, respect and consideration”. [Law v. Canada, supra, at para. 51]. Legislation may violate human dignity in various ways, for example, by perpetuating negative stereotypes or the view that affected parties are inherently less worthy or deserving.