Pawar v. Canada
A-616-98
Marceau J.A.
9/9/99
4 pp.
Appeal from Trial Division summary judgment ([1999] 1 F.C. 158) dismissing action seeking declaration Old Age Security Act, s. 3 residency requirement in violation of Charter, s. 15-Appeal dismissed-Trial Judge's analysis of issues involved and reasoning adopted-Alleged basis for unequal treatment (length and timing of residence in Canada) not prohibited ground, being neither enumerated one, nor analogous one-No indirect discrimination as alleged ground of distinction (being born abroad) not enumerated ground in s. 15, not being embraced in national or ethnic origin, and not analogous thereto-No direct discrimination between senior permanent residents born abroad in countries with and without reciprocal agreements with Canada as not enumerated ground, having nothing to do directly with national or ethnic origin, and not analogous thereto-Residence requirement in Act cannot be seen as violating human dignity and freedom of any resident in Canada-Even difficult to imagine its complete absence-Group denied benefits (people born abroad or former residents of countries without reciprocal agreements with Canada) do not form discrete and insular group who have suffered historical disadvantage because of immutable personal characteristics or vulnerability to political and social prejudice-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-Old Age Security Act, R.S.C., 1985, c. O-9, s. 3.