McKinney v. University of Guelph
Encyclopedia
McKinney v. The University of Guelph [1990] 3 S.C.R. 229 is the Supreme Court of Canada
case that decided that mandatory retirement age for University teachers does not violate equality rights under section 15
of the Canadian Charter of Rights and Freedoms
. In doing so the court refined the scope of the Charter as it applies to government bodies as well as the definition of "law" within the ambit of the Charter.
Eight professors and a librarian from the University of Guelph
applied for declarations that the university's policy for mandatory retirement at age 65 as well as the Ontario Human Rights Code, which allowed such policies, were unconstitutional because it violated their section 15 Charter rights to equality.
The issues before the court were:
to determine the purpose of the Charter, concluding that it is a tool for checking the powers of the government over the individual. They further justified this conclusion by stating that if the scope were so widely read as to include private actions it would impose too much of a burden on the courts and would result in too much overlap with common law rules and statutes.
LaForest's attention then moved to whether the University was a government body. The Public Purpose test alluded to in Dolphin Delivery is not determinative. The fact that the school was created by statute and received a significant portion of its funding from government was not enough. Nor was the fact that it is regulated by government and fulfilled a public service sufficient. LaForest noted that universities still function as autonomous bodies and the government had no direct power to control the school. Instead the school is governed by a Board of Governors who are not representatives of the government.
Despite the court ruling against the university's status as a government body, they nevertheless examined whether the retirement policy violated section 15. LaForest stated that all actions pursuant to powers granted by law, not merely statutes, would be subject to Charter scrutiny.
The majority finds that s. 15 was violated because a distinction based on age discriminated against those who were old but capable of working. However, the violation was justified under s.1
due to the public necessity to have new teachers hired.
In a strong dissent, Wilson J. (with Cory J. concurring) examined a broad range of sources and proposed several tests including a "control test", "government function test", and a "government entity test". However, Wilson did not regard any of them as a panecea, since they all missed some aspect of government.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
case that decided that mandatory retirement age for University teachers does not violate equality rights under section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. In doing so the court refined the scope of the Charter as it applies to government bodies as well as the definition of "law" within the ambit of the Charter.
Background
Three years earlier the case of RWDSU v. Dolphin Delivery defined that the Charter only applied to Government bodies. However, it did not give any detail on what counted as government.Eight professors and a librarian from the University of Guelph
University of Guelph
The University of Guelph, also known as U of G, is a comprehensive public research university in Guelph, Ontario, Canada. It was established in 1964 after the amalgamation of Ontario Agricultural College, the Macdonald Institute, and the Ontario Veterinary College...
applied for declarations that the university's policy for mandatory retirement at age 65 as well as the Ontario Human Rights Code, which allowed such policies, were unconstitutional because it violated their section 15 Charter rights to equality.
The issues before the court were:
- 1. whether the Canadian Charter of Rights and Freedoms applies to universities;
- 2. if the Charter does apply to universities, whether mandatory retirement policies violate s. 15;
- 3. whether the limitation of the prohibition against age discrimination in the Ontario Human Rights Code to persons between the ages of 18 and 65 violates s. 15; and
- 4. if the limitation does violate s. 15, whether it is justifiable under s. 1 as a reasonable limit on an equality right.
Reasoning of the Court
LaForest J. wrote the majority with Dickson J. and Gonthier J. concurring. In the similar fashion from RWDSU v. Dolphin Delivery, they looked at the meaning of section 32Section Thirty-two of the Canadian Charter of Rights and Freedoms
Section Thirty-two of the Canadian Charter of Rights and Freedoms concerns the application and scope of the Charter. Only claims based on the type of law contemplated by this section can be brought before the Court....
to determine the purpose of the Charter, concluding that it is a tool for checking the powers of the government over the individual. They further justified this conclusion by stating that if the scope were so widely read as to include private actions it would impose too much of a burden on the courts and would result in too much overlap with common law rules and statutes.
LaForest's attention then moved to whether the University was a government body. The Public Purpose test alluded to in Dolphin Delivery is not determinative. The fact that the school was created by statute and received a significant portion of its funding from government was not enough. Nor was the fact that it is regulated by government and fulfilled a public service sufficient. LaForest noted that universities still function as autonomous bodies and the government had no direct power to control the school. Instead the school is governed by a Board of Governors who are not representatives of the government.
Despite the court ruling against the university's status as a government body, they nevertheless examined whether the retirement policy violated section 15. LaForest stated that all actions pursuant to powers granted by law, not merely statutes, would be subject to Charter scrutiny.
The majority finds that s. 15 was violated because a distinction based on age discriminated against those who were old but capable of working. However, the violation was justified under s.1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
due to the public necessity to have new teachers hired.
In a strong dissent, Wilson J. (with Cory J. concurring) examined a broad range of sources and proposed several tests including a "control test", "government function test", and a "government entity test". However, Wilson did not regard any of them as a panecea, since they all missed some aspect of government.
External links
- case summary
- Fundamental Freedoms: The Charter of Rights and Freedoms - Charter of Rights website with video, audio and the Charter in over 20 languages