In Quebec (Attorney General) v. Kanyinda (SCC, 2026) the Supreme Court of Canada partially allowed an appeal, this brought against a Charter s.15 Quebec CA order "that refugee claimants with a work permit and residing in Quebec be “read in” to s. 3 subpara. 3 of the RCR" ['Educational Childcare Act - Reduced Contribution Regulation'], meaning that the appellant was eligible for childcare subsidy despite her ungranted refugee status.
Here the court comments on evidence useful to establish Charter s.15 discrimination:
[73] Two types of evidence are particularly helpful in establishing a disproportionate impact: evidence about the claimant group’s situation and evidence about the results of the law. Neither form is required and the evidentiary burden cannot be too difficult to meet (Fraser, at paras. 56-59; Sharma, at para. 49).
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