The appellants appealed judgments declaring unconstitutional a hospital regulation requiring medical staff retirement at age 65 unless an exception was granted.
The principal issue was whether the hospital, in adopting and administering the regulation, was subject to the Charter under s. 32.
The majority held the hospital was not part of government and its internal management regulation therefore fell outside the Charter's ambit.
Assuming the Charter applied, the majority further held the regulation and its application were discriminatory under s. 15(1) but justified under s. 1 because they were rationally connected to maintaining excellence in a major acute care teaching hospital and minimally impairing in a resource-allocation context.
