Page:NCGLE v Minister of Justice.djvu/107

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Sachs J

analysing them contextually rather than abstractly.[1]


  1. It was in this spirit that L’Heureux-Dubé J in Egan v. Canada (1995) 29 CRR (2d) 79 at 120 remarked:

    “In reality, it is no longer the ‘grounds’ that are dispositive of the question of whether discrimination exists, but the social context of the distinction that matters. [C]ontext is of primary importance and that abstract ‘grounds of distinction’ are simply an indirect method to achieve a goal which could be achieved more simply and truthfully by asking the direct question: ‘Does this distinction discriminate against this group of people?’ ”

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