Policy on discrimination against older persons because of age : Politique sur la discrimination fondée sur l'âge à l'endroit des personnes âgées

While they are not binding on the human rights tribunal or the courts, they are often given great deference1, applied to the facts of the case before the court or tribunal, and quoted in the decisions of these bodies. [...] The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community. [...] The analysis and examples used in this policy are based on the Commission’s research on age discrimination, principles and recommendations developed by the United Nations to guide countries in the promotion of the rights of older persons5, cases that have come before the Commission, tribunal and court decisions and the input of individuals and organizations in the Commission’s consultation process [...] Section 24 allows direct discrimination in employment for reasons of age if the age of the applicant is a BFR because of the nature of the employment. [...] The respondent must establish on a balance of probabilities that the standard, factor, requirement or rule 1. was adopted for a purpose or goal that is rationally connected to the function being performed, 2. was adopted in good faith, in the belief that it is necessary for the fulfilment of the purpose or goal, and 3. is reasonably necessary to accomplish its purpose or goal, in the sense that it