Yvonne Milosevic

The representative plaintiff, a disabled veteran, sued the federal Crown for breach of fiduciary duty for failing to pay interest on pension funds administered by the Department of Veterans Affairs.

Parliament enacted legislation barring claims for interest prior to 1990.

The Supreme Court of Canada held that the expropriative legislation was valid and not inconsistent with the due process or fair hearing protections of the Canadian Bill of Rights, as Parliament has the power to expropriate property without compensation using clear and unambiguous language.

The appellants, foreign nationals living in Canada, challenged s. 16(4)(c) of the Public Service Employment Act, which gives preference to Canadian citizens in open competitions for federal public service employment.

They argued this preference violated their equality rights under s. 15(1) of the Charter.

A majority of the Supreme Court of Canada held that while the provision infringes s. 15(1) by discriminating on the analogous ground of citizenship, it is saved under s. 1 as a reasonable limit demonstrably justified in a free and democratic society.

The Court found the objectives of enhancing the meaning of citizenship and encouraging naturalization to be pressing and substantial, and the preference to be rationally connected and minimally impairing.