The appellants, who suffered from chronic pain attributable to work-related injuries, challenged the constitutionality of provisions in the Nova Scotia Workers' Compensation Act and related regulations that excluded chronic pain from the regular workers' compensation system.
The Supreme Court of Canada held that the Workers' Compensation Appeals Tribunal had jurisdiction to determine the constitutional validity of its enabling statute.
The Court further held that the blanket exclusion of chronic pain sufferers from the general compensation scheme violated section 15(1) of the Charter by imposing discriminatory differential treatment based on physical disability.
The infringement was not justified under section 1 of the Charter, as it did not minimally impair the rights of the affected workers.
