What is the test for determining if a plaintiff has been discriminated against because of their race, ethnicity or nationality?

This part of the analysis, like that of every element of a discrimination claim, must be carried out in light of the purpose of the constitutional guarantee of equality in s. 15: Law at para. 41. That purpose is to promote “... a society in which all are secure in the knowledge that they are recognized at law as human beings equally deserving of concern, respect and consideration”: Andrews v. Law Society of British Columbia, 1989 CanLII 2 (SCC), [1989] 1 S.C.R. 143 at p. 171. As was said in Law at para. 42, “[Section 15] is a guarantee against the evil of oppression ... designed to remedy the imposition of unfair limitations upon opportunities, particularly for those persons or groups who have been subject to historical disadvantage, prejudice, and stereotyping.”