What is the test to determine discrimination under s. 15 of the Canadian Human Rights Code?
Saskatchewan, Canada
The following excerpt is from Browning v. Saskatchewan (Dept. of Finance), 2002 CanLII 62880 (SK HRT):
The Supreme court of Canada in Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 set out the following test to determine claims of discrimination under s. 15: 1. Does the law make a distinction between the claimant and others? 2. Is the distinction made on the basis of one of the grounds listed in Section 15, or a ground analogous thereto? 3. Is the distinction, in all circumstances, "discriminatory"? In plain words, does the distinction undermine the presumption upon which the guarantee of equality is based – that each individual is deemed to be of equal worth regardless of the group to which he or she belongs?"
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