The respondent teacher was required by her collective agreement to retire at age 65, pursuant to The Public Schools Act.
She sought a declaration that this mandatory retirement provision contravened the prohibition against age discrimination in The Human Rights Act.
The Supreme Court of Canada held that human rights legislation is fundamental law that prevails over conflicting general legislation unless an express exception is created.
The Court found that the re-enactment of The Public Schools Act did not implicitly repeal the human rights protections, and the mandatory retirement provision was therefore invalid.
