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Law v. Canada ( Minister of Employment and Immigration )

A-312-95

Isaac C.J.

17/4/96

3 pp.

Application to set aside Pension Appeals Board's decision Canada Pension Plan, ss. 44(1)(d) and 58 not violating Charter, s. 15-Applicant thirty years old when contributing husband died-Denied survivor benefits because only payable to surviving spouse where sixty-five years of age, thirty-five at time of spouse's death, had dependent children or disabled-Applicant claimed discrimination on basis of age not justifiable under Charter, s. 1-Application dismissed-Neither s. 44(1)(d) nor 58 violating applicant's equality rights under Charter-Further, even if offensive, constituting reasonable limit on rights under s. 1-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.

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