On a constitutional appeal concerning Quebec pay equity legislation, the appellants challenged a six-year delay in access to pay equity adjustments for predominantly female workplaces without male comparators under s. 38 of the Pay Equity Act.
The Court split on whether the delay infringed s. 15(1) of the Charter, with one set of reasons finding an infringement and another finding no discriminatory distinction or impact.
A majority result nonetheless upheld the provision because the appeal failed overall, and the challenged section remained valid.
The reasons address substantive equality, comparator methodology, and whether implementation delay in a complex remedial regime can be justified under s. 1.
