Mckinney V. University Of Guelph Summary

1698 Words4 Pages

Mckinney v. University of Guelph The subsequent paragraphs contain a general analysis as well as a description of the legal questions and principles that were raised in the age discrimination case of Mckinney v. University of Guelph. This case raised the issue of whether a company or organization (in this case, a post secondary institution for education) should have jurisdiction over the age at which an individual must retire. Additionally, this document contains an analysis of the laws of mandatory retirement and how they are still currently in effect in countries such as China. Along with the aforementioned is a description of how mandatory retirement is imperative to population management, …show more content…

V. University of Guelph. Summary and Analysis In the late 1990’s, The Supreme Court of Canada oversaw the case Mckinney v. University of Guelph, a case that acted as a direct challenge to the mandatory retirement policies of four universities. The respondents in this case were the University of Guelph, Laurentian University, York University, and The University of Toronto, which all shared a retirement policy that ensured the voluntary departure of anyone above sixty-five years of age. The case was brought before The Supreme Court by eight professors and a librarian after both the Trial and Appeal courts ruled in favour of the universities involved. The appellants cited Section 15 of the Canadian Charter of Rights and Freedoms (which ensures the right to equal treatment before and …show more content…

University of Guelph brought forth a number of legal questions and principles that needed to be addressed, the first of which being whether or not a university is considered a “government actor”. After a lengthy debate and the usage of the “effective control test”, The Supreme Court provided an answer to this question when they declared the institution of university as a non-government actor. This allowed the respondents (the four universities) to continue on with their policies of mandatory retirement at the age of sixty-five. The second major question posed in this case is whether or not an organization should have the right to violate sections of the Canadian Charter of Rights and Freedoms for the betterment of the organization, those who are employed by it, and those involved with it’s activities. This question was answered when The Supreme Court decided that a company may violate the rights of a person if the reason as to why is bona fide. In the case of Mckinney. v. University of Guelph, the reasons of conserving high academic standards and opening up tenure positions were accepted, and the violation was permitted. These two questions were imperative to the outcome of Mckinney. v. University of Guelph in a sense that the answers provided in the case helped to provide insight into how one's rights can be limited both within and beyond a government setting. This insight helped people understand why the appeal was denied in what seemed like a

Open Document