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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