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For these reasons, paragraph 15(1)(c) of the Act was found to deny older workers such as the applicants theequal protection of the law and, as such, perpetuate the group disadvantage and prejudice faced by older workersin this country. It promotes the perception that older workers such as the applicants are less worthy and lessdeserving of the equal protection of the law than are younger workers who lose their jobs for age-related reasonsat an age below the normal age of retirement for a particular type of position. Moreover, the provision can onlyserve to perpetuate the stereotypical view that older workers are less capable or deserving of recognition or valueas human beings or as members of Canadian society. As a consequence, paragraph 15(1)(c) of the Act violatessubsection 15(1) of the Charter.Because of its conclusion in relation to subsection 15(1), the Tribunal did not turn its mind to whetherparagraph 15(1)(c) could be justified under section 1 of the Charter. The matter was thus remitted to the Tribunalto determine whether paragraph 15(1)(c) of the Act could be so justified.STATUTES AND REGULATIONS CITEDCanadian Bill of Rights, R.S.C., 1985, Appendix III.Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, CanadaAct 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 15.2009 FC 367 (CanLII)Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 2 (as am. by S.C. 1998, c. 9, s. 9), 3(1), 7, 9 (as am.idem, s. 12), 10 (as am. idem, s. 13(E)), 14(c), 15, 48.1(2) (as enacted by R.S.C., 1985 (1st Supp.), c. 31, s.65; S.C. 1998, c. 9, s. 27), 50(2) (as am. idem).Canadian Human Rights Act, S.C. 1976-77, c. 33, s. 14(c) (as am. by S.C. 1980-81-82-83, c. 143, s. 7).Federal Courts Act, R.S.C., 1985, c. F-7, ss. 1 (as am. by S.C. 2002, c. 8, s. 14), 57 (as am. by S.C. 1990, c.8, s. 19; 2002, c. 8, s. 54).Federal Courts Rules, SOR/98-106, r. 1 (as am. by SOR/2004-283, s. 2), Tariff B, Column III.Human Rights Act, S.B.C. 1984, c. 22.Human Rights Code, 1981, S.O. 1981, c. 53, s. 9(a).Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 13.TREATIES AND OTHER INSTRUMENTS CITEDInternational Civil Aviation Organization. Annex 1 to the Convention on International Civil Aviation:Personnel Licensing, 10th ed. Montréal: ICAO, 2006, online:.CASES CITEDAPPLIED:Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497, (1999), 170 D.L.R. (4th)1, 43 C.C.E.L. (2d) 49; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, 329 N.B.R. (2d) 1,291 D.L.R. (4th) 577; Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143, (1989), 56 D.L.R.(4th) 1, [1989] 2 W.W.R. 289; R. v. Kapp, 2008 SCC 41, [2008] 2 S.C.R. 483, 294 D.L.R. (4th) 1, [2008] 8W.W.R. 1; Assn. of Justices of the Peace of Ontario v. Ontario (Attorney General) (2008), 92 O.R. (3d) 16,292 D.L.R. (4th) 623, 67 C.C.E.L. (3d) 56 (Ont. S.C.J.); R. v. Turpin, [1989] 1 S.C.R. 1296, (1989), 48C.C.C. (3d) 8, 69 C.R. (3d) 97.CONSIDERED:Ontario Human Rights Commission and O’Malley v. Simpsons-Sears Ltd. et al., [1985] 2 S.C.R. 536,(1985), 52 O.R. (2d) 799, 23 D.L.R. (4th) 321; McKinney v. University of Guelph, [1990] 3 S.C.R. 229,(1990), 76 D.L.R. (4th) 545, 91 CLLC 17,004; Harrison v. University of British Columbia, [1990] 3 S.C.R.