The Court found that the federal Public Service Employment Act (PSEA), which gave preference to citizens when referring to departments, was discriminatory.

In his application of the Law test for section 15, he noted that by creating the distinction between citizen and foreign national, Parliament was placing an additional burden on already disadvantaged group.

He said that it was well settled that foreign nationals are a group that do suffer from stereotypes, marginalization, and historical disadvantage, but the Act does not attempt to compensate for this.

Bastarache J spent some time considering the element of "dignity" introduced in Law v Canada (Minister of Employment and Immigration).

The dignity inquiry requires the subjective view of the claimant to be rationally grounded in circumstances that a reasonable would share that experience.