What factors will be considered in determining whether s.15(1) of the Canadian Human Rights Code has been infringed?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
The nature and degree of the impact the legislative distinction has upon the party alleging discrimination is also an important contextual factor. Some important contextual factors influencing the determination of whether s.15(1) has been infringed are, among others: ... (D) The nature and scope of the interest affected by the impugned law. The more severe and localized the consequences of the legislation for the affected group, the more likely that the differential treatment responsible for these consequences is discriminatory within the meaning of s. 15(1). [Law v. Canada, supra, at para. 88(9)(D)].
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