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Abandoning Comparator Groups in Withler
December 15, 2011
Comparison is often described as an essential component of equality. However, since the introduction of the Charter, the Supreme Court of Canada has struggled with how to appropriately and effectively incorporate comparison into its section 15 framework. Until recently, the process was operationalized through the use of "mirror comparator groups." However, after the Supreme Court's reformulation of the section 15(1) test in R. v. Kapp, there is uncertainty as to how, or even if, this approach is still relevant. Published in Charter and Human Rights Litigation by Federated Press.