Air Canada Pilots Association v. Kelly 2012 FCA 209 †Free Samples

Question: Discuss about the Air Canada Pilots Association v. Kelly, 2012 FCA 209. Answer: Air Canada Pilots Association v. Kelly, 2012 FCA 209 The facts of the case are that two retired pilots namely George Vilven and Robert Neil Kelly of Air Canada were pressurised by the airlines association to quit due to provision of mandatory retirement. The mandatory provision of the retirement deals with an obligation on the employees to retire at the age of 60. The Canadian tribunal does not rely on the allegations of the plaintiff, Kelly and Vilven. The tribunal ordered that a present fact of the case does not falls in the exception to the mandatory prohibition against the decimation on age factor in the employment legislation. The tribunal order the judgment on the basis of section 1 of the charter. The section 1 of the Canadian Charter on Human Rights Act does not favour the provision of discrimination of equality on age factor under section 15 of the Canadian Charter. The ambit of section 1 provides a reasonable justification to the mandatory prohibition of retirement on the basis of referred case of McKinney v University of Guelph [1990] SCJ No. 122 states that provision of mandatory prohibition of retirement does not violates the ambit of age based discrimination and upheld the constitutional validity of the section 1 of the Canadian Charter (Smyth, Soberman and Easson, 2008). The tribunal in the present case held that the allegations made by the plaintiffs are not reasonable and justifiable. The retirement age at the year of 60 is reasonable and fulfilling a bona fide requirement of the scheme on mandatory retirement. The decision of the present case leaves an affirmative opinion on the mandatory requirement in context of proper balancing of human rights. Thus, the limitation on the right of equality is significant mechanism in order to preserve the beneficial legislation like mandatory retirement age (Thornicroft, 2016). References Thornicroft, K. W. (2016). The Uncertain State of Mandatory Retirement in Canada.LaborLaw Journal,67(2), 397. Smyth, J. E., Soberman, D. A., Easson, A. J. (2008).Thelaw and business administration in Canada. Prentice-Hall of Canada.