The judgment of Wagner C.J. and Moldaver, Côté, Brown and Rowe JJ

One: Introduction – (0:00:15)

Two: Facts – (0:02:15)

Three: Legislative Framework – (0:03:32)

Five: Analysis – (0:04:52)

A: Section 15 – (0:04:54)

1: Guidance on the Section 15 sub 1 Framework – (0:09:22)

a: Preliminary Point About Substantive Equality – (0:09:26)

b: Step One – Proving the Law, on its Face or in its Impact, Creates or Contributes to a Distinction on the Basis of a Protected Ground – (0:10:00)

c: Step Two – Proving the Law Imposes Burdens or Denies Benefits in a Manner That Has the Effect of Reinforcing, Perpetuating, or Exacerbating Their Disadvantage – (0:16:19)

one: Evidentiary Burden – (0:16:30)

two: Legislative Context – (0:19:50)

three: The Scope of the State’s Obligations to Remedy Social Inequalities – (0:22:48)

2: Application to the Impugned Provisions – (0:23:29)

The reasons of Karakatsanis, Martin, Kasirer and Jamal JJ – (0:32:10)

2: Application – (0:40:50)

a: Distinction on the Basis of Race – (0:40:53)

one: The Relationship Between Sections 718.2 sub e and 742.1, and the Gladue Framework – (0:41:45)

two: Restrictions on Conditional Sentences Imperil the Remedial Function of the Gladue Framework – (0:43:54)

b: Discrimination – (0:45:54)

one: The Provisions Reinforce, Perpetuate, and Exacerbate Systemic Discrimination – (0:46:19)

two: The Floodgates Argument – (0:49:38)