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Section 15(1) reads: Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability." Section 15 was written so as to protect against discrimination generally, with the "enumerated" grounds of prohibited discrimination (race, sex, etc.) being only examples instead of a comprehensive list.

In a landmark ruling in 1995 in the case of Egan v.

The motion called on the Government to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting existing same-sex marriages." Section 159 of the Criminal Code criminalizes every act of anal intercourse, but provides exceptions for a husband and wife, and any two persons 18 years of age or older.

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Some of the cases were funded under the Federal Government's now-defunct Court Challenges Program, which in 1985 was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter.

In spite of Stephen Harper's statements, his Government did not attempted to re-open the issue of same-sex marriage.

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