Under section 15 of the Charter, what must a claimant demonstrate to prove discrimination?

To demonstrate discrimination under section 15 of the Canadian Charter of Rights and Freedoms, a claimant must establish that there has been a distinction drawn based on one of the specified grounds, such as race, sex, age, or disability, and that this distinction results in a disadvantage to them. Central to this analysis is the necessity of comparing the treatment of the claimant to that of a reasonable comparator group. This comparison helps to highlight whether the claimant has been treated differently in a way that reflects inequality or discrimination.

The requirement for a reasonable comparator group anchors the inquiry into whether the law or action in question imposes a disadvantage on individuals when compared to those not sharing the same characteristic. It plays a critical role in assessing whether the treatment is arbitrary and does not promote substantive equality.

In this context, the other options do not encapsulate the necessary framework for demonstrating discrimination under section 15. Economic rights violations, social service imbalances, or privacy rights breaches, while significant in their own right, do not specifically relate to the comparative analysis mandated by section 15 to substantiate a claim of discrimination.