R v. Kapp and an Analysis of Recent Section Jurisprudence

After much debate about the dignity test for equality based on four contextual factors in Law v. Canada, the Supreme Court of Canada revised its test again in R. v. Kapp. The Kapp test gave independent effect to section 15(2) in affirmative action matters, but incorporated some of the elements of the Law analysis into this new one. As Ranjan Agarwal and Rahool Agarwal explain, this has created confusion in the courts that may need more clarification. (2010) Charter and Human Rights Litigation 16:4 at 1352.