Peterson v. Canada
T-3176-91
Strayer J.
4/8/93
14 pp.
Action for damages said to represent net amounts payable to plaintiffs under Western Grain Stabilization Act -- Plaintiffs resident of North Dakota in United States -- As grain producers, plaintiffs required to market grain through Canadian Wheat Board and to pay Canadian income tax on Canadian income -- Benefits for individual grain producers limited to Canadian citizens or landed immigrants under Act, s. 7(1) -- Plaintiffs claiming payouts for crop years 1985-86, 1986-87, 1987-88 under Act as amended -- Whether Act, s. 7(1) abridgment of equality rights protected by Charter, s. 15(1)-If so, whether justifiable as "reasonable limit" permitted by Charter, s. 1 -- Burden on plaintiff to show impugned law discriminatory -- Plaintiffs not belonging to group defined by criteria analogous to those specified in s. 15(1) -- No evidence of being "discrete and insular minority" having suffered historically from stereotyping or otherwise in Canadian society -- Discrimination involving distinctions based on irrelevant personal characteristics-Nature and purpose of legislation must be looked at to determine whether characteristic irrelevant -- Distinctions drawn by Parliament in targeting beneficiaries of subsidy program cannot be characterized as discriminatory -- Act, s. 7(1) not constituting "discrimination" against plaintiffs within meaning of Charter, s. 15(1) -- Provision justified by Charter, s. 1 -- Apparent objective of Parliament in enacting s. 7(1) "pressing and substantial" as designed to limit benefits of subsidy programme to those with substantial connection to Canada through citizenship or permanent residence -- Action 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], ss. 1, 15(1).