Abstract

There is a strong movement toward legal abolition of fixed-age retirement in Canada. Quebec passed a special statute for that purpose in 1982. Human rights legislation has been interpreted to that effect in Manitoba and is tending in that direction in New Brunswick. Section 15 of the Canadian Charter of Rights and Freedoms will probably have the same result for all of Canada, once it comes into effect on April 17, 1985. This poses a novel challenge to Canadian universities, for retirement of professors at 65 is well entrenched. Several factors justify the existing practice, including the institution of tenure, the professorial pay schedule, and the need for intellectual rejuvenation. However, the arguments are unlikely to prevail against judicial interpretation of the Charter and of human rights legislation. Thus universities should now consider the ramifications. Possible measures include facilitation of early retirement, modification of pension and benefit plans, and more systematic assessment of academic staff throughout their entire careers.