Lex Pundit
ConstitutionalSettled · test refined

Equality rights under section 15

Section 15 guarantees substantive equality; it is infringed by a law that creates a distinction on a protected ground and imposes a disadvantage.

Position current as of July 2026

Current position

Section 15(1) protects equality before and under the law and the equal benefit of the law, without discrimination on grounds including race, sex, age, religion, and — as read in by the courts — sexual orientation.

The current test asks whether a law creates a distinction based on an enumerated or analogous ground, and whether that distinction imposes a burden or denies a benefit in a way that reinforces, perpetuates, or exacerbates disadvantage.

Governing authority
Andrews v Law Society of British Columbia
[1989] 1 SCR 143

Andrews set the substantive-equality foundation; the current two-step test builds on it.

Key cases
Supreme Court of Canada
Andrews v Law Society of British Columbia
[1989] 1 SCR 143 · Feb 2, 1989

The first section 15 case, it held that equality is substantive rather than formal: the guarantee targets discrimination — distinctions that burden individuals on the basis of personal characteristics — and does not reach every legislative distinction. It rejected a 'similarly situated' test.

Supreme Court of Canada
Vriend v Alberta
[1998] 1 SCR 493 · Apr 2, 1998

The Court held that omitting sexual orientation from Alberta's human rights legislation violated section 15, and read the ground into the statute as the remedy.

How the law evolved
1985
Section 15 comes into forceOrigin
The equality guarantee is delayed three years to let governments review their statutes.
1989
AndrewsLeading case
[1989] 1 SCR 143
Equality is substantive, not formal; the section targets discrimination, not every distinction.
1998
Vriend v Alberta
[1998] 1 SCR 493
Sexual orientation is recognised as an analogous ground and read into human rights legislation.
Today
Two-step framework
Distinction on a protected ground, then disadvantage — applied across benefits, services and criminal law.