Equality Rights Under Section 15 of the Charter

Section 15 of the Charter says every individual is equal before and under the law, and has the right to equal protection and benefit of the law without discrimination.

The listed grounds

Section 15 names race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability.

Grounds added by the courts

Courts have recognized other analogous grounds, such as sexual orientation, marital status, citizenship and Aboriginality-residence.

How courts decide

In general, a court asks whether:

1. the law or action creates a distinction based on a protected ground, on its face or in its effect; and
2. it imposes burdens or denies benefits in a way that reinforces, perpetuates or worsens disadvantage.

If so, the government must justify it under section 1.

Special programs

Section 15(2) allows programs designed to help disadvantaged groups.

Charter or Human Rights Code?

• Charter: challenges to a law, a government policy or government conduct.
• Human Rights Code: discrimination in jobs, housing, services and contracts, including by private parties, through the Human Rights Tribunal of Ontario.

Sources

• Canadian Charter of Rights and Freedoms
• Ontario Human Rights Code

Read next: Mobility Rights: Your Right to Move and Work Anywhere in Canada

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.