In the context of discrimination claims under section 15, what is a comparator group?

The concept of a comparator group in the context of discrimination claims under section 15 of the Canadian Charter of Rights and Freedoms is crucial for establishing whether discrimination has occurred. A comparator group refers specifically to a group that shares similar characteristics relevant to the discrimination being claimed. This is essential because it allows for a meaningful comparison to determine if individuals are being treated unfairly based on a specific ground of discrimination, such as race, gender, or disability.

For instance, if an individual claims they have been discriminated against based on their age, the comparator group would consist of individuals of a similar age who are not subject to the same discriminatory treatment. This comparison is necessary to show that the differential treatment is unjust and violates the equality rights protected by section 15. Without an appropriate comparator group, it would be challenging to demonstrate that the treatment received is discriminatory rather than merely a difference in circumstances.

While groups representing the general population or defined by socioeconomic status might be relevant in other contexts, they do not necessarily provide a direct basis for evaluating discrimination in the way that a group sharing similar characteristics does. Moreover, a group with opposing views does not serve the purpose of comparing treatment or experiences relevant to a discrimination claim. Therefore, identifying a relevant comparator group is a pivotal