Comparison: Evolution of s15

Question 1

Andrews

Answer 1

equality is a comparative concept which can be discerned through comparison of conditions of others in social/political settings. must have a substantive approach

Question 2

Law

Answer 2

relevant comparators, discrimination was the central concern. Looked at the contextual factors of discrimination.

Question 3

Gosselin

Answer 3

Focused on the impact of the law on the claimant group.

Question 4

Hodge

Answer 4

the court focused on comparing based on mirror, and the claim was dismissed at the first step of a15 analysis because the disctinction drawn was not based on enumerated or analogous grounds.

Question 5

Auton v BC

Answer 5

the claim was that BC failed to fund programs for autistic children. The Court decided that since no one was receiving funding, there was no differential treatment. You can’t ask for something that no one has. Claim dismissed.

Question 6

Kapp

Answer 6

warned against a sterile similarity test that focuses on treating ‘likes alike.’

Question 7

What is the underlying theme on comparator groups?

Answer 7

The analysis must ask whether, having regard to all relevant contextual factors, including the nature/purpose of the impugned legislation in relation to the claimant’s situation, the impugned distinction discriminated by perpetuating the groups disadvantage and stereotyping.

Question 8

Concerns with mirror comparator groups

Answer 8

1. may fail to capture substantive inequality
2. may become a search for sameness
3. may shortcut the second stage of the substantive equality analysis
4. may be difficult to apply