The respondents were retired at age 65 pursuant to the university's mandatory retirement policy.
They sought declarations that the policy violated s. 15(1) of the Charter and that the definition of 'age' in the provincial Human Rights Act, which restricted protection to those under 65, also violated s. 15(1).
The Supreme Court of Canada held that the Charter does not apply to the university as it is not 'government' under s. 32.
The Court further held that while the age restriction in the Human Rights Act violates s. 15(1), it is saved under s. 1 as a reasonable limit.
