Equality and the law – when does a law discriminate?

The Supreme Court of Canada’s recent decision in Fraser v Canada deals with the effects of pension regulations on women employed by the RCMP and appears to expand the legal test for discrimination.  I recently discussed this case at the Law Society of Ontario’s Ninth Annual Human Rights Summit.

RCMP members participate in a contributory pension plan and receive pension credit for time worked, with full-time hours attracting higher pension contributions than part-time hours. A contributor who experiences a gap in service because of a leave of absence or suspension of employment can participate in a “buy-back” process, requiring that member to retroactively cover the employee and employer portions of contributions during the leave period. For more, click here.

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