The applicant, a child with Autism Spectrum Disorder, sought judicial review of a Human Rights Tribunal of Ontario decision dismissing their claim that changes to the Ontario Autism Program discriminated on the basis of age and disability.
The tribunal had declined to decide whether the definition of 'age' in section 10 of the Human Rights Code, which limits age discrimination claims to persons 18 or older, violated section 15 of the Charter.
The Divisional Court held that the tribunal was required to decide the Charter issue as it was properly pleaded and necessary to resolve the applicant's claim.
The tribunal's decision was quashed and the matter remitted for resolution of the constitutional question.
