What is the effect of targeting age as a determinate age for the purposes of the Reduction Provisions?

British Columbia, Canada


The following excerpt is from Withler v. Canada (Attorney General), 2008 BCCA 539 (CanLII):

The appellants alleged that the Reduction Provisions target age as a determinate, not for any legitimate reason, but on the basis of age stereotyping – specifically because the elderly either do not need the benefit or are not worthy of receiving it. Their position is that in reality they are in need of the death benefit as much if not more than the partners of younger deceased plan members who receive the full benefit and that its denial to them perpetuates the discrimination forbidden by the equality provisions of the Charter. Focusing on the affront to human dignity that results from such discrimination, Campbell J. summed up their position in the case of Margolis v. Canada, 2001 FCT 85, [2001] F.C.J. No. 402, in this way, at para. 31: … The effect of the message being communicated to the participant in such a plan over the age of 60 is that, compared to younger participants, your death, and the financial problems to be experienced by your surviving spouse on your death, are not as worthy of concern and support. …

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