Current interpretation Section 15 of the Canadian Charter of Rights and Freedoms

discrimination based upon sexual orientation analogous ground discrimination, leading 2 provincial courts legalize same-sex marriage in canada.

the concept of enumerated or analogous grounds originated in essential 1989 andrews case refer personal characteristics that, when being basis of discrimination, show discrimination unconstitutional under section 15. there 9 enumerated grounds explicitly mentioned in section 15, although not numbered. in practice, enumerated grounds have been given liberal , broad interpretations. example, discrimination on basis of pregnancy has been ruled sex discrimination (brooks v. canada safeway ltd.).

as section 15 s words in particular hint explicitly named grounds not exhaust scope of section 15, additional grounds can considered if can shown group or individual s equality rights denied in comparison group shares of same characteristics except personal characteristic @ issue. personal characteristic considered analogous ones enumerated in section 15 if immutable or cannot changed or can changed @ excessive cost (constructively immutable). far, several analogous grounds have been identified:

sexual orientation (egan v. canada [1995], vriend v. alberta [1998], m. v. h. [1999] little sisters book , art emporium v. canada [2000]) finding has led provincial courts (the supreme court declined in reference re same-sex marriage rule on issue government had voiced intent legalize them anyway) find laws against same-sex marriage in canada unconstitutional. in halpern v. canada (attorney general) (2003), court of appeal ontario used section 15 legalize same-sex marriage in ontario.
marital status (miron v. trudel, [1995], nova scotia v. walsh [2002]),
off-reserve aboriginal status/ aboriginality-residence (corbiere v. canada).
citizenship (andrews v. law society of british columbia, [1989], lavoie v. canada [2000])

as well, courts have rejected several analogous grounds including:

having taste marijuana . (r. v. malmo-levine)
employment status (reference re workers compensation act [1989], delisle v. canada [1999])
litigants against crown (rudolph wolff v. canada [1990])
province of prosecution/residence (r. v. turpin [1989], r. v. s. (s.) [1990])
membership in military (r. v. genereux)
new resident of province (haig v. canada)
persons committing crimes outside canada (r. v. finta)
begging , extreme poverty (r. v. banks)