The respondent, a Chief Fire Prevention Officer, was mandatorily retired at age 60 pursuant to a collective agreement.
He filed a human rights complaint alleging age discrimination.
The Board of Inquiry found the mandatory retirement was a reasonable occupational qualification under the Saskatchewan Human Rights Code, applying the Etobicoke test.
The Court of Appeal reversed, holding that individualized testing should have been considered and that the union violated the Code.
The Supreme Court of Canada allowed the appeal, restoring the Board's decision that the mandatory retirement policy was justified and that the union did not discriminate.
