Ms. Lott was required by a provision in the B.C. school act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is false with regard to this situation?
A) The federal legislature is the proper body to decide if the provincial school act is lawful.
B) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.
C) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
D) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
E) The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.

Question

Quizplus · Accepted Answer

The federal legislature does not have the authority to decide if a provincial statute is lawful. This falls under the jurisdiction of the courts.

Ms Lott Was Required by a Provision in the B