<Li> Equal protection of the law ensure that the protections imposed by law will be proportionate so that the human dignity of every person is equally safeguarded by the law . </Li> <P> Unlike formal equality, which overlooks personal differences, substantive equality is concerned with the impact of the law on different groups of individuals . Substantive equality requires that there be an equal impact on the person affected by the law . </P> <P> In any challenge of section 15 (1) the burden of proof is always on the claimant . The Supreme Court of Canada has endorsed a purposive interpretation of Section 15 . </P> <P> After Law v. Canada (1999) the question of whether dignity was affected was key to a section 15 analysis . In R. v. Kapp (2008), the problems with the dignity analysis were recognized and the dignity analysis was jettisoned . The Court established a two - part test based on the one found in Andrews v. Law Society of British Columbia (1989): (1) Does the law create a distinction based on an enumerated or analogous ground? (2) Does the distinction create a disadvantage by perpetuating prejudice or stereotyping? </P>

Personal natural rights guaranteed by the constitution are affirmative action