R&D, a Crown corporation, has recently completed a human resource audit and inventory. One of the distressing results of the exercise was the revelation that its workforce is aging and that young recruits are leaving for better opportunities elsewhere. One of the recommendations of the consultants carrying out the review is to institute a mandatory retirement age of 55. Such a course of action would open up opportunities in the higher ranks of the corporation and would help retain younger workers by providing opportunities for promotion. Would such a policy violate the Canadian Charter of Rights and Freedoms? What additional information would be useful?
Issue 1: Does the Charter apply to Crown corporations? i.e., is a Crown corporation considered to be government?
Issue 2: Is a mandatory retirement policy discriminatory?
Issue 3: Can this violation be saved by s.1 or alternatively, is it “fair and reasonable” under human rights legislation?