Sentences with phrase «analogous ground»
The phrase "analogous ground" refers to situations that are similar or comparable in some way. It means finding common or familiar circumstances to help understand or solve a problem. Full definition
81 Criminality is not a protected analogous ground under s. 15 (1).
slaw.ca
To begin, Justice Lederer correctly dismissed the applicants» s. 15 claim, as the applicants pleaded no enumerated or analogous ground sufficient to bring their claim within the ambit of s. 15.
... the comparator group should mirror the characteristics of the claimant group relevant to the benefit or advantage sought except for the personal characteristic related to the enumerated or analogous ground raised as the basis for the discrimination.
Because the foundation of this distinction was «the nature and source of income and the means of which it is produced» (at para 34) the distinction was not based on an enumerated or analogous ground.
This reasoning has enabled Canadians who are members of sexual minorities to fight against discrimination and to have sexual orientation recognized as an analogous ground under s. 15 of the Charter.
The Supreme Court of Canada has interpreted membership in a social group as inclusive of sexual orientation and most, if not all, Canadian adjudicators likely now accept gender identity as an analogous ground.
These two cases can be used as persuasive authority to support the argument that the jurisprudence already recognizes occupational status of agricultural workers as an analogous ground.
The Supreme Court of Canada has held that sexual orientation is an analogous ground of discrimination under the equality rights provision of the Canadian Charter of Rights and Freedoms.
The Supreme Court unanimously held that sexual orientation was an analogous ground of discrimination within the meaning of s. 15 of the Charter.
At the first stage, the question is whether «on its face or in its impact, the law creates a distinction based on an enumerated or analogous ground.
In addition, although the Canadian Charter of Rights and Freedoms does not list sexual orientation as a ground under Section 15, Supreme Court case law has firmly established it as an analogous ground deserving protection on the same level as religion, race, gender and other grounds.