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The court stated that the section is not a general guarantee of equality, rather it is only
concerned with equal application of the law. It was further stated that
it should be recognized that not all differences in treatment will result in inequality and that identical treatment may result in inequality.As such, the suggestion to apply the
same legal rules to groups or individuals who are "similarly situated" ("similarly situated test" where likes are treated alike and dislikes differently) was firmly rejected.
Bliss v Canada (AG), a pre Charter Supreme Court case
where a pregnant woman was denied employment benefits, was considered as an example of the problems with
such an approach.Instead the court concentrated on the prohibition on discrimination.

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