The appellants, foreign nationals living in Canada, challenged s. 16(4)(c) of the Public Service Employment Act, which gives preference to Canadian citizens in open competitions for federal public service employment.
They argued this preference violated their equality rights under s. 15(1) of the Charter.
A majority of the Supreme Court of Canada held that while the provision infringes s. 15(1) by discriminating on the analogous ground of citizenship, it is saved under s. 1 as a reasonable limit demonstrably justified in a free and democratic society.
The Court found the objectives of enhancing the meaning of citizenship and encouraging naturalization to be pressing and substantial, and the preference to be rationally connected and minimally impairing.
