I am not sure to which “dog” you refer, Doug, but “this” dog is not dead—at least not yet. Not only is the issue that is presently before the Supreme Court of Canada very real, regardless of the outcome of the Leave To Appeal decision there are over 100 other complainants before the Canadian Human Rights Tribunal whose cases are still awaiting adjudication. The wheels of justice turn slowly, indeed, but they do turn, nevertheless.Doug Moore wrote: ... this dog is dead ...
The case before the SCC may be influential, but it will not necessarily be determinative of the subsequent cases before the Tribunal.
If nothing else, this ten-year controversy has raised significant existential issues. At the core is the fundamental methodology of the formula pay and seniority system, a career-long game of musical chairs that is truly at the heart of the conflict. That system was the genus of the conflict and the division among ACPA members that resulted in the union placing itself as an adversary in court to many of its own members.
I wonder, sometimes, if we would have had the same conflict and disagreement if we were somehow to have taken the personal income progression factors out of the equation. Would the opinions on age discrimination have been so polarized? If it didn’t hit so deeply in the pocketbook, would anyone have wanted to endure such a long legal contest?
There still remain other problems with any sort of age-based criterion in employment environments. One issue that is about to bubble up to the top fairly soon is the issue of disability benefits for individuals who are approaching or beyond the “normal age of retirement.” That is because the repeal of mandatory retirement laws has not yet been matched with a change in the regulations that deal with disability benefits for individuals who choose to work beyond what is termed as the “normal age of retirement.” The result is a total denial of disability benefits for those who elect to avail themselves of the opportunity to delay their ultimate retirement. You will see cases on this issue gradually appearing in the news, not just for pilots, but for other occupations, including professions in the health care industry.
Over the course of the past few years I have often wondered what distinguishes progressive societies from regressive societies and progressive groups from regressive groups. What distinguishes intellectual growth from intellectual regression? Tolerance? Accepting others, despite their differences? Possessing a willingness to be open to change? Especially when the world around us is changing and there is ample evidence that if we are not willing to change, the change will be foisted upon us, despite our reluctance?