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Unpublished Paper
Pension ‘splitting’, property rights, equality and the Canadian Charter of Rights - Runchey v. Canada (Attorney General), 2013 FCA 16
(2015)
  • Mel Cousins
Abstract
This note discusses the decision of the Federal Court of Appeal in Runchey v. Canada (Attorney General). The case concerned an equality challenge concerning provisions of the Canada Pension Plan (the Plan) under s. 15 of the Canadian Charter of Rights and Fundamental Freedoms. This was dismissed by the Court. However, the main focus of this note is to point out that it is arguable that the main issue raised in the case (i.e. the loss of pension rights by one spouse without any gain to the other) is not a s. 15 equality issue but rather an unjust deprivation of property which is not, however, protected under the Charter.
Keywords
  • Pensions splitting,
  • gender,
  • equality,
  • property rights
Publication Date
2015
Citation Information
Mel Cousins. "Pension ‘splitting’, property rights, equality and the Canadian Charter of Rights - Runchey v. Canada (Attorney General), 2013 FCA 16" (2015)
Available at: http://works.bepress.com/mel_cousins/88/