S. 15

Question 1

R. v. Sharma (SCC) | Constitutional

Answer 1

Two Step Test to challenge constitutionality of CC

1. creates a distinction based on enumerated or analogous grounds, on its face or in its impact; and
2. imposes a burden or denies a benefit in a manner that has the effect of reinforcing, perpetuating, or exacerbating disadvantage.

NB: Sharma failed on Step 1 and didn’t consider Step 2.