OBA Pensions AND Benefits Law & Constitutional, Civil Liberties and Human Rights Law PROGRAM
Original Program Date: January 26, 2021

In mid-October, the Supreme Court of Canada released its decision in Fraser v. Canada (Attorney General) holding that the Royal Canadian Mounted Police’s (RCMP) pension plan discriminates against women, revisiting the test and evidentiary burden in adverse effects discrimination cases under the Charter. Join us as our stellar faculty, several of whom were involved in the case, examine the decision and analyze its impact moving forward. While providing context for the case, our panelists will explore the practical consequences for pensions and benefits law, as well as other practice areas in light of this decision. This experienced panel will also consider what this decision means for equality rights, and what new considerations should be applied to ensure that particular groups do not face discrimination in pension plans going forward. A key decision such as this one from Canada’s highest court raises critical concerns for pensions and benefits law, as well as significant developments in equality rights law. Understand how to assess your client’s pension plans in light of this significant decision so as to provide them with the best advice possible. Our discussion will bring you up to speed on how to tackle the critical concerns raised, as well as how momentum from this case may serve to advance human right claims.

PROGRAM CHAIRS

Nicole Biros-Bolton, Ross & McBride LLP
Tracy Solhi, Morneau Shepell

PROGRAM SPEAKERS

Andrea Boctor, Osler, Hoskin & Harcourt LLP
Yashoda Ranganathan, Ministry of the Attorney General – Constitutional Law Branch
Megan Stephens, Women’s Legal Education and Action Fund (LEAF)