Charter Challenge Rejected
On December 6, 2000 a constitutional challenge, supported by the Canadian Federation of Students, was filed against several provisions of the Bankruptcy and Insolvency Act as it pertains to student loans borrowers.
This challenge was heard in Ontario Superior Court on June 16, 2004 before the Honourable Justice Gordon Sedgwick. On June 30, 2005, after more than twelve months of deliberation, Justice Sedgwick issued his ruling, rejecting the challenge on the basis that student loan borrowers do not constitute a protected social category that should qualify for protection from discrimination under Section 15 of the Charter of Rights.
In summary, the court made no changes to the existing laws.
The Canadian Federation of Students press release offers more details.
What a surprise (deep sarcasm).
What a shame… as a student stuck in limbo , and hopping from contract work to contract work, the promise of a higher ed., did not deliver the salary or employment opportunities outlined. My only solution after current legislation, bankruptcy alternatives, and onslaught of poorly run provincial, federal student loan programs is to leave the country… once proudly Canadian, now monetarily, spiritually, and legislatively out of options. Pretty sad big brother can crack down so hard on the poorest and least empowered of the generations. The baby boomers will regret these non-thought out decisions…
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