What is the test for discrimination in the context of equality before the law?

Saskatchewan, Canada


The following excerpt is from Bradshaw v. Saskatoon School Div. No. 13, 2001 CanLII 39088 (SK HRT):

In order to find that there has been discrimination, there must be a finding that the individual in question has been denied (Egan v. Canada, 1995 CanLII 98 (SCC), [1995] 2 S.C.R. 513 at 584): The right to equality before the law, equality under the law, equal protection of the law, or equal benefit of the law has been denied. During this first step, the inquiry should focus upon whether the challenged law has drawn a distinction between the claimant and others, based on personal characteristics. Not every distinction created by the legislation gives rise to discrimination. Therefore, the second step must be to determine whether the distinction created by the law results in discrimination. In order to make this determination, it is necessary to consider first, whether the equality right was denied on the basis of a personal characteristic which is either enumerated in s. 15(1) or which is analogous to those enumerated, and second, whether that distinction has the effect on the claimant of imposing a burden, obligation or disadvantage not imposed upon others or if withholding or limiting access to rights or advantages available to others.

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