The applicant union challenged section 6 of the Pay Equity Act as contravening the Charter.
The respondent employer argued the Pay Equity Hearings Tribunal lacked jurisdiction to hear the Charter challenge.
Applying the Supreme Court of Canada's decision in Cuddy Chicks, the Tribunal held that section 30 of its enabling statute and section 52 of the Constitution Act, 1982 grant it the jurisdiction and impose the duty to apply the Charter.
The Tribunal reserved its decision on whether it has jurisdiction under section 24(1) of the Charter to grant the requested remedy of amending the legislation.
