What is an example of the application of the Kapp decision?

The Kapp decision is significant in Canadian constitutional law as it relates to the application of the Charter of Rights and Freedoms and the analysis of laws that may differentiate between various groups, especially in the context of equality rights and affirmative action. Kapp established that the use of section 15(2) of the Charter could uphold legislation that provides a benefit to disadvantaged groups as long as it is aimed at overcoming historical disadvantage.

In the context of the options provided, the case of Withler v Canada stands out as an example that reflects the principles established in Kapp. In Withler, the Supreme Court dealt with equality rights and assessed whether a federal pension scheme that treated different groups of people differently was unconstitutional. The Court applied the framework from Kapp, focusing on how the differentiation could benefit specific groups and address systemic disadvantages, thereby applying the same reasoning toward understanding how equality rights should be interpreted in light of historical injustices.

The other cases, while significant in their own right, do not primarily focus on the application of the principles outlined in Kapp concerning affirmative action and the justification for differential treatment of groups under section 15.