Charter
Section 15 — Equality and Analogous Grounds
Substantive equality, analogous grounds, the Andrews framework.
Section 15(1) guarantees the right to equal protection and equal benefit of the law without discrimination based on enumerated and analogous grounds.
Andrews v Law Society of BC (1989) anchors substantive equality: the question is not whether the law treats individuals identically but whether it perpetuates disadvantage. Vriend v Alberta (1998) confirms that legislative omission can itself violate s.15 and that reading-in is an available remedy. Quebec v A (2013) shows the difficulty of analysing distinctions tied to choice in regimes preserving autonomy.
Key principles
- Substantive equalityLook to impact on disadvantaged groups, not formal symmetry.
- Analogous groundsImmutable or constructively immutable characteristics shared by historically disadvantaged groups.
- Reading-in remedyWhere appropriate, the Court may add words to a statute rather than strike down.