Gill v. Canada
Section 12.1 of the PSSRs did not violate s.15(1) because, on the appropriate comparator group and applying Law's contextual factors, the differential treatment based on age did not demean the plaintiffs' human dignity and did not amount to discrimination under s.15(1).
- Citation
- 2008 FC 185
- Parties
- Plaintiff: Jagmohan Singh Gill; Plaintiff: Shatru Ghan; Defendant: Her Majesty the Queen
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 14 February 2008
- Procedural Posture
- Charter Challenge Declaration Under S.15(1) / Trial (heard on Agreed Statement of Facts)
- Outcome
- Action dismissed with costs
- Legal Topics
- Charter S.15 Equality, Age Discrimination, Comparator Group Analysis, Public Service Pension Regulations
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jagmohan Singh Gill
Plaintiff
Shatru Ghan
Plaintiff
Her Majesty the Queen
Defendant
Procedural Posture
Charter Challenge Declaration Under S.15(1) / Trial (heard on Agreed Statement of Facts)
Legal Issues
- 1 Whether section 12.1 of the Public Service Superannuation Regulations infringes s.15(1) of the Charter
- 2 If there is an infringement, whether it is justified under s.1 of the Charter
- 3 If a violation is found, what remedy is appropriate
Ratio Decidendi
Section 12.1 of the PSSRs did not violate s.15(1) because, on the appropriate comparator group and applying Law's contextual factors, the differential treatment based on age did not demean the plaintiffs' human dignity and did not amount to discrimination under s.15(1).
Court Disposition
Action dismissed with costs
Orders
- Action dismissed with costs
Full Case Text
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