Bentley v. Air Canada and Air Canada Pilots Association

Bentley v. Air Canada and Air Canada Pilots Association

The Tribunal found that although the Regulations create a distinction based on age, the termination of long‑term disability benefits at pensionable age is part of an integrated benefits scheme where entitlement to an unreduced pension meaningfully offsets the loss of disability benefits; actuarial evidence established legitimate actuarial and financial reasons for limiting disability coverage, Withler governs the equality analysis, and ss.3(b) and 5(b) of SOR 80/68 are constitutionally valid and do not violate s.15(1).

Citation
2019 CHRT 37
Parties
Complainant: Roy Bentley; Commission: Canadian Human Rights Commission; Respondent: Air Canada; Respondent: Air Canada Pilots Association
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
28 August 2019
Procedural Posture
Canadian Human Rights Tribunal – Age Discrimination / Charter S.15 Challenge / Final Decision (dismissed)
Outcome
Complaint dismissed; ss.3(b) and 5(b) of the Canadian Human Rights Benefit Regulations SOR 80/68 are constitutionally valid and provide an exemption for termination of disability benefits at pensionable age.
Legal Topics
Age Discrimination, Long Term Disability Benefits, Pensionable Age, Section 15 Charter Challenge, Regulatory Exemption, Oakes Proportionality
Source Language
English
Human Rights Constitutional Law Employment Law Administrative Law Labour Law Pension Law Age Discrimination Long Term Disability Benefits +4 more

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Parties

Roy Bentley

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Air Canada Pilots Association

Respondent

Procedural Posture

Canadian Human Rights Tribunal – Age Discrimination / Charter S.15 Challenge / Final Decision (dismissed)

Legal Issues

  1. 1 Do ss.3(b) and 5(b) of the Canadian Human Rights Benefit Regulations SOR 80/68 violate s.15(1) of the Charter?
  2. 2 If unconstitutional, can those provisions be justified under s.1 of the Charter?
  3. 3 Whether termination of disability benefits upon attainment of pensionable age is discriminatory absent other compensatory benefits

Ratio Decidendi

The Tribunal found that although the Regulations create a distinction based on age, the termination of long‑term disability benefits at pensionable age is part of an integrated benefits scheme where entitlement to an unreduced pension meaningfully offsets the loss of disability benefits; actuarial evidence established legitimate actuarial and financial reasons for limiting disability coverage, Withler governs the equality analysis, and ss.3(b) and 5(b) of SOR 80/68 are constitutionally valid and do not violate s.15(1).

Court Disposition

Complaint dismissed; ss.3(b) and 5(b) of the Canadian Human Rights Benefit Regulations SOR 80/68 are constitutionally valid and provide an exemption for termination of disability benefits at pensionable age.