Gilbert Nadon

The respondent lost her job shortly after turning 65 and was denied regular unemployment insurance benefits due to the age restriction in s. 31 of the Unemployment Insurance Act, 1971.

She appealed to a Board of Referees, arguing the provision violated s. 15 of the Charter, but the Board upheld the denial without deciding the constitutional issue.

The Federal Court of Appeal directly reviewed the decision and found the provision unconstitutional.

The Supreme Court of Canada held that the Board of Referees lacked the statutory mandate to decide Charter questions, and thus the Federal Court of Appeal lacked jurisdiction to make a final determination on the issue.

However, addressing the substantive issue, the Court found that s. 31 violated s. 15(1) of the Charter by discriminating on the basis of age and could not be justified under s. 1, as it did not minimally impair the respondent's rights.

The appellant appealed a decision of the Federal Court of Appeal, which affirmed an Umpire's decision under the Labour Adjustment Benefits Act regarding the deductibility of pension benefits paid into an R.R.S.P. The Supreme Court of Canada dismissed the appeal, agreeing with the lower court that neither the Board of referees nor the Umpire had jurisdiction to grant the relief sought.