What is the test for section 15(1) of the Charter of Canada’s Human Rights Act, s.15(1)?

British Columbia, Canada


The following excerpt is from Greater Vancouver Regional District Employees' Union v. Greater Vancouver Regional District, 2001 BCCA 435 (CanLII):

In Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497, Mr. Justice Iacobucci, speaking for the court, canvassed earlier decisions of that court with respect to the purpose of s. 15(1) of the Charter. At para. 51 of Law, he stated: It may be said that the purpose of s. 15(1) is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration. Legislation which effects differential treatment between individuals or groups will violate this fundamental purpose where those who are subject to differential treatment fall within one or more enumerated or analogous grounds, and where the differential treatment reflects the stereotypical application of presumed group or personal characteristics, or otherwise has the effect of perpetuating or promoting the view that the individual is less capable, or less worthy of recognition or value as a human being or as a member of Canadian society.

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