Mayer v. Canada
A-117-96
McDonald J.A.
19/12/96
2 pp.
Appeal from interlocutory order refusing to strike plaintiff's statement of claim as disclosing no reasonable cause of action-Respondent claiming Canada Pension Plan ultra vires Parliament, violated rights under Charter, ss. 7, 15(1)-Arguing s. 7 guarantees him economic liberty to choose whether he should contribute to Canada Pension Plan-No case supporting proposition Charter, s. 7 includes guarantee of economic liberty-Motions Judge misapprehending respondent's pleading, argument-Plain and obvious respondent's pleadings alleging ultra vires, violation of Charter, s. 15(1) could not succeed-Appeal allowed-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], ss. 7, 15(1).