Peterson v. Canada
A-611-93
McDonald J.A.
12/4/95
10 pp.
Appeal from Trial Division decision ((1993), 66 F.T.R. 210) Western Grain Stabilization Act, s. 7(1) not "discrimination" within meaning of Charter, s. 15 -- Appellants citizens of United States, residents of North Dakota -- From 1985 to 1988, farming in Saskatchewan, paying Canadian income tax on Canadian income -- Trial Judge properly describing Act as programme to stabilize earnings of western grain farmers -- In 1987-1988 crop year Parliament amending Act to allow gradual participation of foreigners and non-residents farming in Canada -- Appellants enrolled in programme, received 70% of normal benefits for 1987-1988 crop season -- Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143 leading authority on interpretation of Charter, s. 15(1) -- Appellants, under banner "broad and liberal interpretation" asking Court to adopt interpretation of s. 15(1) rejected by S.C.C. in Andrews -- Trial Judge first ascertaining whether Act, s. 7(1) has differential impact on appellants, then deciding if legislative impact of s. 7(1) discriminatory -- Right in holding appellants' group "persons who actually farm in Canada but who have neither become citizens of Canada nor taken the necessary steps to establish permanent residence in Canada by becoming landed immigrants" -- S. 7(1) not requiring person to be citizen to participate in subsidy programme -- Only requiring participant to have landed immigrant status -- Non-resident characteristic of appellants' group not analogous to s. 15(1)'s prohibited criteria -- "Characteristics" within s. 15(1) having "immutable" quality, not within control of individual -- Distinctions drawn by Parliament in targeting beneficiaries of subsidy program not involving irrelevant personal characteristics -- Legislative impact of Act, s. 7(1) not discriminatory -- Appeal dismissed -- Western Grain Stabilization Act, S.C. 1974-75-76, c. 87, s. 7(1) -- 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. 44], s. 15(1).