Page - 285 - in VULNERABLE - The Law, Policy and Ethics of COVID-19

285Should Immunity Licences be an Ingredient in our Policy Response to COVID-19? based on race, religion, or sexual orientation, then it might be diffi- cult to establish that immunity licences constitute an infringement of Canadians’ constitutionally guaranteed rights. Ethical and legal anal- ysis would then point in different directions. It would still be possible to propose that discriminating between immune and non-immune persons is analogous to the constitutionally prohibited grounds of disability, which would constitute an infringe- ment of section 15.13 In this case, the question would become that of determining whether the infringement could be saved by the various tests that make up the Oakes Test, in particular the proportionality test that it includes. Our analysis suggests that it could not, since, in effect, we have shown that in the pursuit of public health goals, the policy goes further in the limitation of equality than is necessary. 13. Canadian  Charter  of  Rights  and  Freedoms, s 15(1), Part 1 of the Constitution Act, 1982, being Schedule B to the Canada  Act  1982 (UK), 1982, c 11.