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) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
B) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
C) 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.
D) The federal legislature is the proper body to decide if the provincial School Act is lawful.
E) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.

Question

Quizplus · Accepted Answer

The federal legislature is not the proper body to decide if a provincial School Act is lawful; this is typically a matter for the courts to decide, especially in cases involving potential conflicts with the Charter of Rights and Freedoms.

Ms Lott Was Required by a Provision in the B