The Heavy Hand of the Law: The Canadian Supreme Court and Mandatory Retirement

ID:	HARP-312
Title:	The Heavy Hand of the Law: The Canadian Supreme Court and Mandatory Retirement
Source:	Canadian Journal on Aging/La Revue Canadienne du Vieillissement, 1999, 18, 2, summer, 259-276
Parties:
Dispute Resolution Organ:
Year:	1999
Pages:	0
Author(s):
Keywords:	Canada, constitution, court, discrimination, employment, human rights, law, legislation, retired employees, Demography, Supreme Court
Abstract:	In 1982, the Supreme Court of Canada ruled that mandatory retirement for firefighters at age 60 violated provincial human rights laws; in 1990, it ruled that forced retirement for university faculty & others at age 65 was constitutional. An analysis of the decision shows that the court relied on the stereotype of older workers as being less competent than younger workers, & failed to provide older workers with protection against age-based discrimination. A number of the key mandatory retirement cases deal with university faculty & may yet have unanticipated consequences, such as strengthening the role of academic tenure. The unwillingness of the Supreme Court to eliminate mandatory retirement means that ad hoc arrangements driven by changing life cycles, employer needs, demographic changes, & legislative actions will continue to arise.
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