What is the test to determine whether legislation violates human dignity?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia (Workers’ Compensation Board), 2002 BCSC 1112 (CanLII):
An inquiry to discern whether legislation has the effect of violating human dignity “…the manner in which a person legitimately feels when confronted by a particular law” must be addressed. “Does the law treat him or her unfairly, taking into account all of the circumstances regarding the individuals affected and excluded by the law?” [Law v. Canada, supra, at para. 53]. This is not a purely subjective test but is to be viewed reasonably by an informed person in the petitioner’s circumstance.
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