What is the test for discrimination under s. 15 of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from R. v. Kapp, 2006 BCCA 277 (CanLII):
On the claim of discrimination under s. 15, the appellants must, in my opinion, fail for the reasons expressed by both Mr. Justice Low and Mr. Justice Mackenzie. The appellants fail under the first branch of the test in Law v. Canada, 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497, because the implementation of the impugned law did not deny to them a benefit provided by law, as fully explained in the reasons of Mr. Justice Low.
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