What is the test for a violation of section 15 of the Canadian Civil Code?
Manitoba, Canada
The following excerpt is from R. v. Hailemolokot et al., 2013 MBQB 285 (CanLII):
The two-part test for establishing a s. 15 violation is now well-established and was recently affirmed in Withler v. Canada (Attorney General), 2011 SCC 12, [2011] 1 S.C.R. 396 (paras. 34-40). The first step is determining whether the law creates a distinction that is based on an enumerated, or analogous ground, such as race. The second step is determining whether the distinction creates a disadvantage by perpetuating prejudice or stereotyping.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between Section 1324 and section 1325 of the Immigration Code? (Manitoba, Canada)
What is the effect of section 28 of the Bankruptcy and Insolvency Code on a bankruptcy proceeding? (Manitoba, Canada)
What is the test to prove an infringement of section 8 of the Canadian Privacy Act? (Manitoba, Canada)
Does the clerk of the clerk's office fail to provide the deputy returning officer with two copies of section 276 to 287 inclusive (the sections dealing with corrupt practices)? (Manitoba, Canada)
What is the test for a motion to delay a plaintiff's claim under the Rules of Civil Procedure? (Manitoba, Canada)
How have courts interpreted section 24 (1) and 24 (2) of the Charter regarding the provision of state-funded counsel? (Manitoba, Canada)
What is the argument that a jury can deal with complex legal and factual issues in a civil conspiracy trial? (Manitoba, Canada)
How have courts interpreted a heading in the Canadian Charter of Rights and Freedoms? (Manitoba, Canada)
Is there any case law that supports the argument that non-government actors are not subject to section 32 of the Charter? (Manitoba, Canada)
In what circumstances will an application be allowed to amend the Rules of Civil Procedure? (Manitoba, Canada)
