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Pay equity maintenance amendments were unconstitutional and both appeal tracks were dismissed.
This constitutional appeal concerned amendments to a provincial pay equity regime addressing systemic wage discrimination affecting predominantly female job classes.
The court held that provisions delaying and limiting compensation adjustments until periodic audit postings, and restricting retroactive adjustments before posting, infringed equality rights under section 15(1) of the Charter.
The majority found the scheme effectively tolerated periods of uncompensated inequity and was not justified under section 1.
The cross-appeal challenging repeal provisions failed for lack of proof of unconstitutionality.
