What is the appropriate approach to determining whether the impugned provisions violate section 15 of the Charter?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
The appropriate approach to whether the impugned provisions violate section 15 of the Charter requires a tripartite inquiry. 1. Does the impugned legislation impose differential treatment between the petitioner and others in purpose or effect? 2. Is the differential treatment based upon an enumerated or analogous ground? 3. Does the law have a purpose or effect which is discriminatory within the meaning of the section 15 equality guarantee? [Law v. Canada, supra, at para. 88(2)]
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