vic777 wrote:Are you saying that if the FlyPast60 group dropped all their complaints and closed up shop and walked away, if all those complainants just decided to stay retired that come September, mandatory retirement will be a thing of the past? And that there's nothing AC or ACPA or the FlyPast60 group can do about it?
That is exactly what I am saying. Once the amendment comes into force, its over. Those who retired prior to the coming into force of the repeal can still file complaints that will be dealt with by the Tribunal, and those who are already before the Tribunal will still be dealt with by the Tribunal. But there won't be any new complaints because it will be patently illegal to terminate anyone on the basis of age.
The implications for Air Canada and ACPA are substantial. There is no appeal to an Act of Parliament. History. Good-bye. Conform. Get used to it. Move on.
The implications for the existing court cases are significant, as well, because once the government outlaws mandatory retirement, Air Canada and ACPA can be successful before the Tribunal and the courts in regard to the existing complaints only by persuading the courts that the violation of the equality provisions of the Charter by the mandatory retirement exemption is justified under Section 1 of the Charter. That requires that it meet several constituional tests, including the requirement that the legislation be "pressing and substantial." How can it meet that test if the government just repealed it and the Minister of Labour says that it does not fit with contemporary Canadian values?
I would fully expect that once this Bill passes, but before it comes into effect, Air Canada will abandon its mandatory retirement policy, with or without the participation of ACPA. Why keep incurring more damages when a loss is virtually guaranteed, and the need to change is unavoidable?