The appellant college and respondent faculty association were parties to a collective agreement containing a mandatory retirement clause at age 65.
Two faculty members filed a grievance challenging the clause under s. 15(1) of the Charter.
The arbitrator held in a preliminary award that the college was a Crown agency subject to the Charter and that the collective agreement constituted 'law'.
The Supreme Court of Canada dismissed the college's appeal, holding that the college is a Crown agency performing acts of government, making its actions subject to the Charter.
The Court further held that an arbitration board has jurisdiction under s. 52(1) of the Constitution Act, 1982 to determine Charter issues arising in the course of exercising its statutory mandate.
