What Are Equality Rights in Canada? — Section 15 Explained

# What Are Equality Rights in Canada? — Section 15 Explained

Section 15 of the Canadian Charter of Rights and Freedoms is the equality-rights section. It is one of the most powerful sections of the Charter and one of the most frequently tested on the citizenship exam. This guide breaks down what it says, what it protects, and what to memorise.

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Section 15 lists 9 prohibited grounds of discrimination by government:

1. Race
2. National or ethnic origin
3. Colour
4. Religion
5. Sex
6. Age
7. Mental disability
8. Physical disability

(Mental and physical disability are listed as separate grounds, even though they are commonly grouped together in everyday speech.)

The Supreme Court of Canada has read into Section 15 a small number of analogous grounds — personal characteristics that are immutable or based on a fundamental personal trait, similar to the listed grounds. The most important analogous grounds:

• Sexual orientation — *Egan v Canada* (1995)
• Marital status — *Miron v Trudel* (1995)
• Citizenship status — *Andrews v Law Society of British Columbia* (1989)
• Indigenous identity — through specific cases applying Section 15 to band membership and treaty rights

Once a ground is analogous, Section 15 protects against discrimination on that ground exactly as it does for the listed grounds.

Section 15 only restricts government action — federal, provincial, territorial, and municipal. It does not directly govern discrimination by private actors. Private discrimination is covered by:

• The Canadian Human Rights Act for federally regulated employers (banks, airlines, telecom, federal government)
• Provincial human rights codes for everyone else (most employment, housing, services)

The grounds in those statutes mirror Section 15 closely.

Section 15(2) makes clear that equality rights do not block programs designed to improve conditions for disadvantaged groups. Programs explicitly upheld under Section 15(2):

• Indigenous-only scholarships and bursaries
• Hiring goals for women in male-dominated trades
• Gender-equity programs in public-sector hiring
• Disability-accommodation funding

This is why employment-equity policies are constitutional in Canada — they are exactly what Section 15(2) was designed to allow.

The Charter as a whole became law on April 17, 1982. Section 15 was deliberately delayed by 3 years to give governments time to review laws that might be inconsistent. It came into force on April 17, 1985.

Major cases shaping Section 15:

• *Andrews v Law Society of British Columbia* (1989) — citizenship requirement to practise law struck down
• *Vriend v Alberta* (1998) — sexual orientation read into Alberta human rights legislation
• *M. v H.* (1999) — same-sex couples entitled to spousal support
• *Egan v Canada* (1995) — sexual orientation recognised as analogous ground
• *Reference re Same-Sex Marriage* (2004) — opened path to legal same-sex marriage in 2005

Common test questions:

• "What does Section 15 of the Charter protect?" → Equality rights / freedom from discrimination
• "Which Charter section covers equality?" → Section 15
• "Can a Canadian be discriminated against because of their religion?" → No, religion is a listed ground
• "Are programs that help disadvantaged groups allowed under the Charter?" → Yes, Section 15(2)

Section 15 questions are common on the citizenship test. Try our [free Canadian citizenship practice test](/practice-test) to drill equality-rights questions in real test format. For the broader Charter context, see [The Canadian Charter of Rights and Freedoms Explained](/blog/canadian-charter-of-rights-freedoms-explained).