Case information

Constitutional law - Charter of Rights - Discrimination - Social condition - Whether being recipient of last resort assistance is analogous ground of discrimination under s. 15(1) of Canadian Charter and/or ground of discrimination under s. 10 of Quebec Charter (social condition) - Whether judges in appeal decision required level of proof higher than that required by case law in analyzing second step of s. 15(1) of Canadian Charter and s. 10 of Quebec Charter, thereby imposing obligations that normally rest on government under s. 1 of Canadian Charter and s. 9.1 of Quebec Charter - Whether ss. 63 and 66 of IFAA must be declared to be of no force or effect and/or inapplicable in context of s. 106.3 of AQPP because they infringe right to equality provided for in Canadian and Quebec Charters - Canadian Charter of Rights and Freedoms, ss. 15(1) and 1 - Charter of human rights and freedoms, CQLR, c. C 12, ss. 10 and 9.1 - Individual and Family Assistance Act, CQLR, c. A 13.1.1, ss. 63 and 66 - Act respecting the Québec Pension Plan, CQLR, c. R 9, s. 106.3.

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The applicant, Raymond Ouellet, had been a recipient under a social assistance program since 2001. In December 2004, he reached the age of 60. In accordance with s. 106.3 of the Act respecting the Québec Pension Plan, he then qualified for the retirement pension provided for in that statute because he had contributed to the Québec Pension Plan. However, Mr. Ouellet chose not to apply for the payment immediately but rather to wait until he was 65 years old so that he could obtain a higher monthly pension. The respondent, the Minister of Employment and Social Solidarity, nonetheless required Mr. Ouellet to exercise his right to the retirement pension right away, failing which his social assistance benefits would be discontinued. Because Mr. Ouellet refused to exercise his right, he was informed that his benefits would be terminated on April 1, 2007. He contested that decision through an application for administrative review, which was dismissed on April 4, 2007. He then turned to the Administrative Tribunal of Québec (ATQ) to challenge the validity of ss. 63 and 66 of the Individual and Family Assistance Act under s. 15(1) of the Canadian Charter of Rights and Freedoms and s. 10 of the Charter of human rights and freedoms (Quebec Charter). On December 13, 2007, the ATQ ordered that the implementation of the administrative decision be stayed and that social assistance benefits be paid starting from April 5, 2007. On October 26, 2018, the ATQ dismissed Mr. Ouellet’s proceeding on the ground that even though social condition may be considered a ground of discrimination prohibited by s. 15(1) of the Canadian Charter and is a ground clearly protected by s. 10 of the Quebec Charter, the provisions in issue do not infringe the rights protected by the Charters. The Superior Court dismissed the application for judicial review in part, and the Court of Appeal dismissed the appeal.