Which groups qualify as "disadvantaged" is generally up to judges to decide, with the caveat that since Canada has a common law system (portions of Quebec law n

Which groups qualify as "disadvantaged" is generally up to judges to decide, with the caveat that since Canada has a common law system (portions of Quebec law notwithstanding) these questions have pretty much all been resolved already. I was thinking mainly of the various human rights acts, but the principle applies across a wide variety of contexts. The federal government is constitutionally barred from creating laws which discriminate against aboriginals, for example, but is allowed to create laws which discriminate in favour of aboriginals since they are considered to be a disadvantaged group.