Reasoning of The Court
Though the fitness tests had a valid purpose of ensuring safety, the court found that the research that the tests were based on was incomplete and "impressionistic" and did not take into account the differences between men and women in establishing a standard.
To reach this conclusion, the court examined the previous methods of analyzing Human Rights violations, noting where they were deficient, and then proposed a new "Meiorin Test" to which the current facts are applied.
McLachlin J. (as she was then) noted that the greatest deficiency in having two different approaches is that one afforded a greater amount of remedy than the other which provoked parties to abuse this distinction. There was the further problem that it had the overall effect of legitimizing systemic discrimination. As well, it created a dissonance between Human Rights analysis and Charter analysis.
Read more about this topic: British Columbia (PSERC) V. BCGSEU
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