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Canadian Charter of Rights and Freedoms

Section 15: Equality Rights

Constitutional text, simplified legal explanation, key principles and selected Supreme Court precedents.

Charter Section

Constitutional text

Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The wording above is a concise constitutional-text presentation for this page. Use the official Justice Laws source below for the complete current text and all subsections.

Simplified legal explanation

Section 15 guarantees equality before and under the law and equal protection and equal benefit of the law without discrimination. The listed grounds are not exhaustive: Canadian jurisprudence recognizes analogous grounds where appropriate. Section 15(2) also confirms that programs aimed at improving conditions for disadvantaged individuals or groups are not automatically prohibited by section 15(1).

Key constitutional points

1.

Section 15 applies to every individual, not only Canadian citizens.

2.

The constitutional list includes race, national or ethnic origin, colour, religion, sex, age and mental or physical disability.

3.

Canadian equality jurisprudence also recognizes analogous grounds.

4.

A distinction is not automatically unconstitutional merely because people are treated differently; the full equality analysis is required.

5.

Section 15(2) expressly protects ameliorative programs designed to improve conditions for disadvantaged individuals or groups.

Selected Supreme Court precedents

Sexual Orientation as an Analogous Ground — Egan v. Canada (1995)

Egan helped establish sexual orientation as an analogous ground under section 15. The Supreme Court recognized the constitutional importance of equality protection in relation to sexual orientation.

Human Rights Legislation — Vriend v. Alberta (1998)

The Supreme Court held that the exclusion of sexual orientation from Alberta’s human-rights legislation violated section 15 and was not justified under section 1. The remedy involved reading the omitted ground into the legislation.

How to verify the law

Constitutional summaries are useful for orientation, but the exact constitutional text and current Supreme Court jurisprudence should be consulted for a legal question. Selected cases on this page explain important principles but do not constitute a complete case digest.

Official references

Frequently Asked Questions

No. It provides an educational explanation of the specified Charter section and selected Supreme Court jurisprudence. Constitutional outcomes depend on the precise facts, applicable legislation, procedural history and current case law. A specific legal matter should be reviewed with a qualified Canadian lawyer or an appropriate legal clinic.

The Charter primarily applies through section 32 to Parliament, the federal government, provincial legislatures and provincial governments. It is not a general private-law code governing every dispute between private parties. Charter principles can nevertheless become relevant where an entity is exercising a governmental function or implementing government policy, depending on the circumstances and Supreme Court jurisprudence.

Yes. Section 1 permits reasonable limits prescribed by law that can be demonstrably justified in a free and democratic society. The government must satisfy the applicable constitutional justification framework. A statutory restriction therefore does not become constitutional simply because it was enacted by legislation.

No. Section 33 applies only to section 2 and sections 7 to 15. It does not override sections 3, 6 or 23, for example. A declaration also ceases to have effect after five years unless it is re-enacted.

Yes. Many Charter rights apply to permanent residents because the Charter uses “everyone” or “every individual” for numerous rights. Section 6(2), for example, expressly grants mobility rights to Canadian citizens and permanent residents. Some rights are citizen-specific, including the voting right in section 3 and the minority-language education right in section 23, which has its own citizenship and language criteria.

The authoritative federal source is the Justice Laws Website, which publishes the Constitution Acts, 1867 to 1982, including Part I of the Constitution Act, 1982 containing the Canadian Charter of Rights and Freedoms. The Department of Justice also publishes Charterpedia materials explaining individual Charter provisions.
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Constitutional authority

The Canadian Charter of Rights and Freedoms forms Part I of the Constitution Act, 1982. The Constitution is supreme law in Canada, and section 52(1) provides that an inconsistent law is of no force or effect to the extent of the inconsistency.

The Charter primarily governs Parliament, governments, legislatures and governmental action within the scope specified by section 32.

This section in context

ProvisionSection 15
SubjectEquality Rights
SourceConstitution Act, 1982 — Part I

Educational use

This page is designed for general education and newcomer orientation. A constitutional question involving a real dispute should be assessed using the current legislation, procedural history and binding jurisprudence.