In 2009, Québec introduced the Act to amend the Pay Equity Act (Act). It set out that every five years an audit had to be done to assess pay equity on a regular basis. It also set out that if there was a wage gap, employees in predominantly female job classes would receive adjustments to wages going forward as of the date of the audit, but would not receive any adjustments retroactively for the last five years.
The APTS, the SCFP, and 10 other unions argued that several sections of the Act were discriminatory as they only made pay equity available every five years.
The Supreme Court of Canada upheld most of the Act, but found some sections were unconstitutional, on the basis that s. 15(1) of the Canadian Charter of Rights and Freedoms was infringed because pay equity was denied retroactively and “the impugned provisions perpetuate the pre-existing disadvantage of women.”
A Fasken team lead by Louis P. Bernier that also included Marc-André Boucher advised the Attorney General of Quebec in connection with this case.
