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SCC Decision: July 18, 2008

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Research articles : 

New Brunswick (Human Rights Commission) v. Potash Corporation of Saskatchewan Inc., 2008 SCC 45
Click here to link to the full judgment. 
(Human rights / Age discrimination / Pensions)
An employee filed a complaint with the Human Rights Commission, claiming that a provision of the pension plan requiring him to retire at 65 constituted age discrimination.  The provincial human rights code explicitly excluded "bona fide" pension plans from its age discrimination provisions.  The Court dismissed the employee's complaint.  A majority of the judges rejected a three-part test for "bona fide" when dealing with the pension provision; the minority preferred the more scrutinizing three-part test.
Majority/Concurring: 4/3