What is the test for a complainant to bring a claim under s. 15 of the Canadian Charter?
Ontario, Canada
The following excerpt is from Charles v. Canada (Attorney General), 1996 CanLII 8145 (ON SC):
A complainant who asserts a s. 15 infringement must prove that the language or the application of the legislation infringes one of the enshrined rights of equality. The purpose of s. 15, according to McIntyre J. in Andrews v. Law Society of British Columbia (1989), 1989 CanLII 2 (SCC), 36 C.R.R. 193, [1989] 1 S.C.R. 143, is to ensure equality in the formulation and application of the law. The right to equality is granted with the direction that it be without discrimination. At p. 226 C.R.R., p. 172 S.C.R., McIntyre J. stated: Discrimination is unacceptable in a democratic society because it epitomizes the worst effects of the denial of equality, and discrimination reinforced by law is particularly repugnant. The worst oppression will result from discriminatory measures having the force of law. It is against this evil that s. 15 provides a guarantee.
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