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''McKinney v University of Guelph'' () 3 S.C.R. 229 is the Supreme Court of Canada case that decided that, for the purpose of determining the application of the ''Charter of Rights and Freedoms, ''universities were not part of government. As such, that the mandatory retirement age for University teachers does not violate equality rights under section 15 of the ''Canadian Charter of Rights and Freedoms''. In doing so the court refined the scope of the Charter as it applies to government bodies as well as the definition of "law" within the ambit of the Charter. ==Background== Three years earlier the case of ''RWDSU v. Dolphin Delivery'' defined that the Charter only applied to Government bodies. However, it did not give any detail on what counted as government. Eight professors and a librarian from the University of Guelph applied for declarations that the university's policy for mandatory retirement at age 65 as well as the Ontario Human Rights Code, which allowed such policies, were unconstitutional because it violated their section 15 Charter rights to equality. The issues before the court were: :1. whether the Canadian Charter of Rights and Freedoms applies to universities; :2. if the Charter does apply to universities, whether mandatory retirement policies violate s. 15; :3. whether the limitation of the prohibition against age discrimination in the Ontario Human Rights Code to persons between the ages of 18 and 65 violates s. 15; and :4. if the limitation does violate s. 15, whether it is justifiable under s. 1 as a reasonable limit on an equality right. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「McKinney v University of Guelph」の詳細全文を読む スポンサード リンク
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