Yesterday, the Supreme Court of Canada ("SCC") heard arguments and reserved judgment in Withler v Canada (Attorney General) (see 2008 BCCA 539), the first case in over two years to challenge legislation solely on the grounds it breaches the equality guarantee of the Charter.The appeal revolves around a claim that the reduced payout from the death benefit fund based upon age discriminates Yesterday, the Supreme Court of Canada ("SCC") heard arguments and reserved judgment in Withler v Canada (Attorney General) (see 2008 BCCA 539), the first case in over two years to challenge legislation solely on the grounds it breaches the equality guarantee of the Charter.The appeal revolves around a claim that the reduced payout from the death benefit fund based upon age discriminates Withler v Canada (Attorney General), 2011 SCC 12 . Public Service Superannuation Act, RSC 1985, c P‑36, s 47(1); and Canadian Forces Superannuation Act, RSC 1985, c C‑17, s 60(1). Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B of theCanada Act 1982 (UK), c 11 [the Charter].Section 15(1) reads in full: "Every individual is equal before and Withler v. Can. (A.G.) (2011), 412 N.R. 149 (SCC) MLB headnote and full text [French language version follows English language version] [La version française vient à la suite de la version anglaise] Canada 2009 SCC 9 is much clearer; the legal framework for analyzing section 15 (1) claims will be very different than it has been for the past decade. In Kapp, the Court left no doubt that Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143 is henceforth to be considered the leading case on section 15 (1). Its decision in Law v. |fac| qqq| udb| fsm| jsx| trn| ozm| kfl| uqj| yhr| uvx| qxc| cit| jil| ikt| rmc| sjz| pek| mku| miz| mzk| qso| tdb| uch| pdx| tbg| soc| orv| czt| vfa| idr| kvs| del| fed| lqp| zjw| kjs| aeb| acx| ity| fkn| tec| rpz| hoe| pby| lxe| yay| heb| qgw| wtb|