The appellants, representative plaintiffs in two class actions, challenged the constitutionality of provisions in the Public Service Superannuation Act and the Canadian Forces Superannuation Act that reduced the supplementary death benefit payable to surviving spouses based on the age of the deceased plan member.
They argued this constituted age discrimination under s. 15(1) of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that the reduction provisions did not violate s. 15(1).
The Court clarified that a formalistic 'mirror comparator group' approach is not required for a s. 15(1) analysis.
Instead, a substantive equality approach must be taken, considering the full context of the legislative scheme.
Viewed contextually, the benefit scheme met the actual needs of the claimants and did not perpetuate disadvantage or negative stereotypes.
