Judge rewrites legislation to allow justices of the peace to work until age 75
Three former justices of the peace have won their constitutional challenge of the profession's mandatory retirement, with the Ontario Superior Court ruling it is unlawful to force them to retire at age 70.
Brenna Brown, Moreland Lynn and Meena Nadkarni, along with the Association of Justices of the Peace of Ontario, argued that being forced off the bench at age 70 left them feeling demeaned.
The practice also amounts to unequal treatment when compared to provincial court judges who can hear cases until age 75, they argued.
In his 52-page ruling, Justice George Strathy agreed and said their concerns were not "overly sensitive or unreasonable."
He found the section of provincial legislation imposing mandatory retirement at age 70 violates the equality rights section of the Charter of Rights and Freedoms.
He struck it down and substituted new language that stipulates while the official retirement age for justices of the peace is 65, they can work until age 75 if they so choose.
Brenna Brown, Moreland Lynn and Meena Nadkarni, along with the Association of Justices of the Peace of Ontario, argued that being forced off the bench at age 70 left them feeling demeaned.
The practice also amounts to unequal treatment when compared to provincial court judges who can hear cases until age 75, they argued.
In his 52-page ruling, Justice George Strathy agreed and said their concerns were not "overly sensitive or unreasonable."
He found the section of provincial legislation imposing mandatory retirement at age 70 violates the equality rights section of the Charter of Rights and Freedoms.
He struck it down and substituted new language that stipulates while the official retirement age for justices of the peace is 65, they can work until age 75 if they so choose.
