R v Sharma’s “Clarification” of the Section 15 Framework and its Creation of Unique Barriers for Disability-Based Equality Claims

Abstract

This article analyzes the re-framing of the section 15(1) test in Sharma and its potential implications for future equality rights claimants. After identifying the various ways in which Sharma altered the section 15(1) equality rights framework, it argues that this reframing poses unique and problematic challenges for disability-based equality claims.