Mosher v. Canada
T-598-91
Jerome A.C.J.
18/1/93
6 pp.
Motion to strike statement of claim on ground Court lacks jurisdiction to grant relief sought -- Minister rejecting plaintiff's application for widow's benefits under Canada Pension Plan for failing to meet requirements of s. 64, as it then was, requiring surviving common law spouse to have resided with deceased in year prior to death -- Review Committee allowing appeal -- On appeal to Pension Appeals Board plaintiff arguing s. 64 contravening equality guarantees in Charter, s. 15 because different treatment accorded to common law spouses as compared to legally married persons -- Board allowing appeal, holding distinction not discrimination within Charter, s. 15 as based on legal status, not on enumerated or analogous personal characteristics -- Plaintiff seeking certiorari setting aside Board's decision, declaration Board erred in holding s. 64 not contrary to Charter -- S. 84 giving Board authority to determine any question of fact or law as to whether benefit payable and such decision final and binding -- Whether absolute privative clause -- Application dismissed -- Strict interpretation of Federal Court Act, ss. 18, 28 so as to deprive plaintiff of remedy disapproved of in Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602 -- Privative clauses such as s. 84 not intended to circumvent jurisdiction of Federal Court as relates to constitutional issues -- Must be access to court of competent jurisdiction for determination of whether denial of pension to common law spouse pursuant to s. 64 contrary to Charter -- Courts should generally approach decisions of administrative tribunals with reasonable deference except in situations where tribunals' decisions involve interpretation of Charter or constitutional rights: Canada (Attorney General) v. Public Service Alliance of Canada, [1991] 1 S.C.R. 614 -- Canada Pension Plan, R.S.C., 1985, c. C-8, ss. 64, 84 -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 5], s. 15 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18, 28.