Preferential treatment law8/5/2023 ![]() (3) Discrimination in a substantive senseįinally, does the differential treatment discriminate by imposing a burden upon, or withholding a benefit from, an individual? The discrimination might be based on stereotypes of a presumed group or personal characteristics, or might perpetuate or promote the view that an individual is less capable or worthy of recognition or value as a human being or as a member of Canadian society who is equally deserving of concern, respect and consideration. Was the differential treatment based on an enumerated ground, in this case age? Was there substantively differential treatment, either because of a distinction, exclusion or preference, or because of a failure to take into account the individual’s already disadvantaged position within Canadian society? 15 of the Canadian Charter of Rights and Freedoms (the “ Charter”), the Supreme Court of Canada has offered the following three broad inquiries as a tool for determining whether discrimination has occurred: In the context of equality claims under s. For example, discounts on services for persons under 25 or over 55, retirement schemes that are based on a minimum age combined with years of service and measures aimed at facilitating the transition from full-time employment to retirement would not likely be considered discrimination within the meaning of human rights law and policy. Some age-based criteria or qualifications are not based on stereotypes, are not offensive to human dignity and do not target a historically disadvantaged age group. However, in other cases, it may be necessary to consider whether the treatment can be said to constitute “discrimination” in the sense of being something that is protected by human rights law. In many cases, differential treatment because of age will clearly be discriminatory. The purpose of anti-discrimination laws is to prevent the violation of human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice. 4.1 When is differential treatment discriminatory?
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