LAWS 3509 Study Guide - Final Guide: Comparator, Begging, House Rule
Document Summary
In order for something to be considered discriminatory three thigns must be established: differential treatment, an enumerated or analogous ground, that the legislation imposed a disadvantage. All of the judges accepted this as the test. The majority ruled that these are not saved by s. 1. Being a citizen does not necessarily mean you are connected to the country, and finally that lawyers do not really play a role in governing our country. They also discuss analogous grounds things that are generally out of your control, and that you should not be expected to change. Note: a claimant never has to prove any of these things. Facts: aboriginal bands were granted permission to fish one day in advance of the general fraser river under the aboriginal communal fishing licence. Registration: kapp was a non-aboriginal fisherman who claimed that the issuing of the licenses was discriminatory to s. 15 of the charter, as it discriminated against on the basis of race.
