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Thwaites et al

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read August 24, 2012

Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights, Union Relations / bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Charter, discrimination, federal court of appeal, Industrial Relations, judicial reviews, Labour Law, leave to appeal, mandatory retirement, mandatory retirement practice, motions, noraml age of retirement, Supreme Court of Canada, Thwaites et al, union, Unions, Vilven and Kelly

By Christina Catenacci, BA, LLB, LLM, PhD | 3 Minutes Read July 13, 2012

Air Canada pilots’ mandatory retirement saga continues

As you may recall, Air Canada pilots launched human rights complaints on the ground of age discrimination because the company forced them to retire at age 60. In a history of decisions spanning back to 2007 challenging the Air Canada policy that requires pilots to retire at the age of 60, which section 15(1)(c) of the Canadian Human Rights Act purports to allow, the Canadian Human Rights Tribunal recently made two more decisions. One involved...

Article by Christina Catenacci, BA, LLB, LLM, PhD / Human Rights / age discrimination, age-based job requirement or qualification, Air Canada, Air Canada pilots, Bailie et al, bona fide occupational requirement, canadian charter of rights and freedoms, Canadian Human Rights Act, Canadian Human Rights Tribunal, discrimination, employment law, Federal Court, mandatory retirement, normal age of retirement, normal retirement age, pilots, Thwaites et al, Vilven and Kelly

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