What is the test for identifying a breach of section 15(1) of the Canadian Human Rights Code?
Canada (Federal), Canada
The following excerpt is from R. v. C.P., 2021 SCC 19 (CanLII):
This Court recently reaffirmed the test for identifying breaches of s. 15(1) in Fraser v. Canada (Attorney General), 2020 SCC 28. To prove a prima facie violation of s. 15(1), a claimant must demonstrate that the impugned law: • on its face or in its impact, creates a distinction based on enumerated or analogous grounds; and • imposes burdens or denies a benefit in a manner that has the effect of reinforcing, perpetuating, or exacerbating disadvantage. [para. 27]
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