See generally: Brooks, supra. Embedded analogous grounds may be necessary to permit meaningful consideration of intra-group discrimination Corbiere , supra at paragraph Note that when the government enacts legislation aimed at remedying previous inequality or disadvantage, it may still unjustifiably limit section 15 if it does not fully remediate that inequality, or if it introduces another inequality. The fact that legislation is remedial does not immunize it from Charter review Hislop, supra at paragraph Also note that where the government has created an affirmative action or targeted ameliorative program aimed at improving the situation of a particular historically disadvantaged group e.
See the detailed discussion of section 15 2 below. This second stage is generally aimed at determining whether the distinction in question amounts to discrimination in the substantive sense. The Supreme Court has repeatedly underscored the importance of addressing the broader context in the substantive equality analysis Turpin , supra at ; Ermineskin Indian Band and Nation v. While the list of factors is not closed, none have been added since Law. The Court has repeatedly emphasized that not all factors will be relevant in every case and no one factor is determinative Law, supra at paragraph 62; Lavoie, supra at paragraph 46; Martin; Laseur, supra at paragraph 85; Withler, supra at paragraphs 38 and 66; Quebec v.
The Supreme Court has also stated that it is not necessary or desirable to apply a step-by-step consideration of these factors Quebec Attorney General v. Section 15 has a significant remedial component Andrews , supra at Therefore, one of the most compelling factors is the impact of the governmental action on individuals or groups who are vulnerable, the object of stereotypes, disadvantaged or members of "discrete and insular minorities" Law , supra at paragraphs A member of a group that historically has been more disadvantaged in Canadian society is less likely to have difficulty in demonstrating discrimination Law , supra at paragraph Where no such unique disadvantage is established, as distinct from the broader group which provides the basis for comparison, this factor does not play a significant role Gosselin, supra ; Martin; Laseur, supra at paragraph This factor is not determinative of an unjustifiable limit of section 15 1.
A member of any group, disadvantaged or not, may successfully bring a section 15 1 claim if he or she establishes a distinction on an enumerated or analogous ground that amounts to substantive discrimination. It is not necessary to show historical disadvantage in order to establish discrimination Law , supra at paragraph 65; Trociuk v.
British Columbia Attorney General ,  1 S.