History of the Section

Section 8(1) was modelled on article 16 of the ICCPR. Section 8(2) was modelled on article 2(1) of the ICCPR. Section 8(3) was modelled on article 26 of the ICCPR. Section 8(4) was modelled on section 19(2) of the New Zealand Bill of Rights Act 1990. Similar rights exist in comparative law.

Comparative rights table

Charter - Section 8 Recognition and equality before the law
Section 8(1): Every person has the right to recognition as a person before the law.

Section 8(2): Every person has the right to enjoy his or her human rights without discrimination.

Section 8(3): Every person is equal before the law and is entitled to the equal protection of the law without discrimination and has the right to equal and effective protection against discrimination.

Section 8(4): Measures taken for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination do not constitute discrimination.
ICCPR
Article 16:
Everyone shall have the right to recognition everywhere as a person before the law.

Articles 2 and 26:
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
ACT: Human Rights Act 2004

Section 8(1).

Section 8(2).

Section 8(3).

S Africa: Constitution of the republic of South Africa 1996 Chapter 2
Section 9.
UK: Human Rights Act 1998
Schedule 1, art. 14.
Canada: Canadian Charter of Rights and freedoms

Section 15(1).

Section 15(2).

New Zealand: New Zealand Bill of Rights Act 1990

Section 19.

Section 19(2).