The appellants, airline pilots forced to retire at age 60, filed complaints with the Canadian Human Rights Commission alleging age discrimination.
The Commission dismissed the complaints because the Canadian Human Rights Act provided an exception for mandatory retirement at the normal industry age.
The appellants sought judicial review, arguing the exception violated the Charter.
The Supreme Court of Canada held that neither the Commission nor a tribunal appointed by it has the jurisdiction to determine the constitutional validity of its enabling statute, as Parliament did not grant them the power to determine general questions of law.
