What is the test for applying section 15 of the Canadian Human Rights Code?
Canada (Federal), Canada
The following excerpt is from Gallant v. Canada (Attorney General), 2007 FC 1 (CanLII):
The parties agree that the applicable law was laid out in Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 at paragraph 88 [Law]. A section 15 analysis consists of three inquiries: (A) whether a law imposes differential treatment between the claimant and others, in purpose or effect; (B) whether one or more enumerated or analogous grounds of discrimination are the basis for the differential treatment; and (C) whether the law in question has a purpose or effect that is discriminatory within the meaning of the equality guarantee.
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