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Charter – Equality rights – Discrimination on the basis of age –Discrimination on the basis of colour – Legislation – Interpretation –School Act, R.S.P.E.I. 1988, ch. S-2.1, s. 82(3) – Whether the Court of Appeal erred in law and committed a reviewable error in upholding the trial judge’s decision upholding hirings made contrary to the spirit and the intent of merit principle and the collective agreement, which specifically set out the minimum mandatory requirement of those teachers wishing to apply for the positions of school principal – Whether the Court of Appeal erred in law and committed a reviewable error in affirming the trial judge’s decision which was made in total disregard of both the principles of procedural fairness/natural justice and the spirit and intent of s. 83(2) of the School Act, which provides that “a teacher who has completed two probationary contracts in two different school years shall be eligible for a permanent contract” – Whether the Court of Appeal erred in law and committed a reviewable error in affirming the trial judge’s decision which was made in total disregard of both the principles of procedural fairness/natural justice and the spirit and intent of section 85(1) of the School Act, which clearly “provides that a board shall credit time served under a probationary or permanent contract with another school board in the province or the Commission for the purpose of calculating the probationary period under s. 83 and eligibility for benefits” – Whether the respondents discriminated against the Applicant the basis of age or colour pursuant to s. 15(1) of the Charter.

Mr. Ayangma is a teacher whose first language is French. He holds a Level VI teaching certificate in Prince Edward Island. He is a native of Cameroon, has black skin, and is a Canadian citizen. He met the minimum mandatory requirements of the collective agreement for the position of school principal, including a course in school administration.

Between 1991 and 1998, he applied for various teaching positions with the respondent School Board. He was awarded and completed two probationary contracts, but was not hired on a permanent basis. Between 1991 and 1999, Mr. Ayangma also participated in four competitions for principalships. In two of those competitions, he was the only candidate who had completed the course in school administration. In three of the competitions, the individual hired had not completed the course. He alleged discrimination on the basis of his colour or his age.