Canada ( Attorney General ) v. Racette-Villeneuve
T-1259-94
Tremblay-Lamer J.
13/4/95
11 pp.
Application for judicial review of decision by which Canadian Pension Commission Review Board (Commission) concluded within its jurisdiction to rule on question dealing with Charter -- Respondent, former member of Canadian Armed Forces, claimed supplementary pension for spouse under Pensions Act, s. 21(2)[cad 211]At hearing before Commission respondent argued mention of "opposite sex" contained in s. 42(6) of Act of no force or effect since infringed equality right guaranteed by Charter, s. 15 -- Commission held since had power to interpret enabling Act, consequently had power to rule on points of law and by implication, on question involving Charter -- Administrative tribunal can rule on constitutional validity of statute mandated to apply, when it has jurisdiction to decide points of law in matters coming before it (Douglas/Kwantlen Faculty Assn. v. Douglas College, [1990] 3 S.C.R. 570; Cuddy Chicks Ltd. v. Ontario (Labour Relations Board), [1991] 2 S.C.R. 5) -- Since in case at bar legislature did not expressly give Commission power to decide points of law, issue whether power exists by implication-Legislative provisions of enabling Act indicate Parliament gave Commission power to rule on points of law by implication: (1) Commission must notify applicant when not persuaded entitled to compensation by indicating "summary of applicable law" and "Commission's interpretation thereof"; (2) when hearing held Commission must prepare statement of case containing "Commission's interpretation of any law relevant" to case -- In view of scheme of Act, Parliament intended to leave Commission complete control of entire pensions system, including questions of law and hence questions involving Charter -- Must ensure tribunal interprets enabling legislation in keeping with supreme law of country-Commission properly concluded had jurisdiction to find reference to "opposite sex" in Act, s. 42(5) of no force or effect in light of Constitution Act, 1982, s. 42 -- Application dismissed -- Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15 -- Pensions Act, R.S.C., 1985, c. P-6, ss. 21(2) (as am. by S.C. 1990, c. 43, s. 8), 42(5), (6).