Is there any case law that supports the argument that a distinction between equal treatment for disabled adults and disabled children is based on economic considerations?

Alberta, Canada


The following excerpt is from Gwinner v. Alberta (Human Resources and Employment), 2002 ABQB 685 (CanLII):

Iacobucci J. in Law at para. 74 endorsed the words of L’Heureux-Dubé J. in Egan v. Canada, 1995 CanLII 98 (SCC), [1995] 2 S.C.R. 513 at para. 64 that: ... the calibre of different treatment cannot be fully appreciated without evaluating not only the economic but also the constitutional and societal significance attributed to the interest or interests adversely affected by the legislation in question. Moreover, it is relevant to consider whether the distinction restricts access to a fundamental social institution, or affects “a basic aspect of full membership in Canadian society,” or “constitute[s] a complete non-recognition of a particular group”.

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