Charter’s equality provisions, “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.”46 The Supreme Court of Canada has also recognized citizenship as an analogous ground under the equality rights provision of the Charter.47 In recognizing citizenship as a ground of discrimination under section 15(1) of the Charter, Justice Wilson of the Supreme Court stated that “[r]elative to citizens, non-citizens are a group lacking in political power and as such vulnerable to having their interests overlooked and their rights to equal concern and respect violated. They are among ‘those groups in society to whose needs and wishes elected officials have no apparent interest in attending.’”48 This is not to say governments are unable to make legislative distinctions on the basis of citizenship status, but when legislation establishes limitations on the basis of citizenship, the Charter requires the discrimination be reasonable and demonstrably justified.49 In addition, section 15(2) of the Charter allows governments to pro-actively “combat discrimination by developing programs aimed at helping disadvantaged groups improve their situation” even though such programs may discriminate on the enumerated or analogous grounds under section 15(1).50 b. Federal Human Rights Legislation In addition to the Charter described above, both the federal government and provincial governments have human rights legislation that prohibits discrimination by public and private institutions in employment, the leasing and sale of property, accommodation, services and facilities, membership in labour unions and professional associations. Whether federal or provincial human rights legislation applies to a public or private institution depends on the institution’s activities being within the legislative jurisdiction of the federal or provincial government.51 Charter of Human Rights and Freedoms, infra note 57, which is Quebec’s provincial human rights legislation and applies with respect to matters within the legislative authority of the province of Quebec. 46 Ibid., at s. 15(1). 47 Andrews v. Law Society of British Columbia, [1989] 1 SCR 143, available at: http://canlii.ca/t/1ft8q [Andrews]; and Lavoie v Canada, 2002 SCC 23, available at: http://canlii.ca/t/51sx [Lavoie]. 48 Andrews, ibid at p. 152. 49 Charter supra note 45 at s. 1. Section 1 provides that even though government legislation or action may be found to discriminate contrary to section 15(1) of the Charter, it may not be unconstitutional on the basis that the discrimination is a reasonable limit that can be demonstrably justified in a free and democratic society. The considerations under section 1 of the Charter are whether: 1) The objective of the law or provision is sufficiently pressing and important to warrant overriding the right in question; 2(a) The means chosen to realize the above objective is rationally connected to the objective; 2(b) The means impair the relevant rights as little as possible; 2(c) The harmful effects of the rights-limiting measure are proportional to the positive effects of the measure. See, R. v. Oakes, [1986] 1 SCR 103, available at: http://canlii.ca/t/1ftv6 [Oakes]. 50 Charter supra note 45 at s. 15(2); and R. v. Kapp, 2008 SCC 41, at para. 16, available at: http://canlii.ca/t/1z476. 51 See, Constitution Act, 1867 (UK), 30 & 31 Vict, c 3, reprinted in RSC 1985, App II, No 5, at ss. 91-95, available at: http://laws-lois.justice.gc.ca/eng/Const/FullText.html. [Constitution Act, 1867]. Some jurisdictional responsibilities are shared, but for example federal jurisdiction includes: aliens and naturalization, trade and commerce, banking, unemployment insurance, telecommunications, shipping, broadcasting, postal service, interprovincial and international transportation, crown corporations, inland fishing, First Nations reserves, intellectual property, marriage and divorce, criminal law, etc. The provinces jurisdiction includes: healthcare and social services, education, property and civil rights, matters of a merely local or private nature, the administration of justice in the province, natural resources, direct taxation, etc. 15 15