Age Discrimination and Social Benefits

Abstract

This article discusses discrimination on grounds of age which has played a prominent role in Canadian jurisprudence under the Charter of Rights. Looking specifically at the issue of social benefits, there have been a number of cases in which Canadian courts have struck down particular provisions as inconsistent with the Charter. The Supreme Court struck down an age restriction in the then Unemployment Insurance Act which removed persons aged 65 and over from normal unemployment benefit and provided them with a small lump sum retirement benefit. However, while that decision has never been explicitly called into question by the Supreme Court, it predates the now standard approach to the application of the equality clause first set out by the Court in Law. A number of state courts have considered somewhat similar issues concerning the termination of certain benefits at pension age and have upheld these either on the basis that, though in breach of s.15, they were justified by s.1 of the Charter or, more recently, that there was no breach of s.15.