Canada (Public Service Alliance) v. Canada

canada, canadian, case law, court opinion, canlii, fca, 2026fca143, 2026 fca 143 (canlii), 2026, fca, 143, (canlii), a-235-25; a-233-25, 2026, constitution, charter of rights and freedoms, equality rights, canadian human rights act, s. 53, caps on pain and suffering and special compensation, whether paragraph 53(2)(e) and subsection 53(3) violate charter s. 15, remedial discretion and statutory limits considered, no infringement established, appeals dismissed, constitution, charter of rights and freedoms, section 15 framework, comparator groups, “relevant social and political setting”, whether proposed comparators were fundamentally flawed, facial neutrality versus adverse impact discrimination, alliance and centrale distinguished, vriend addressed, distinction based on “regime” not enumerated ground, no s. 15 step one distinction, appeals dismissed, evidence, charter litigation, disproportionate impact, expert evidence, statistical methodology and disaggregation, hearsay affidavits from lawyers, whether evidence showed caps create or contribute to a distinction based on enumerated or analogous grounds through impact, browne v. dunn argument rejected, insufficient evidentiary foundation, appeals dismissed, procedure, appeals, summary judgment, standards of review, housen v. nikolaisen, correctness for questions of law, palpable and overriding error for findings of fact and inferences, mixed fact and law and extricable legal error, deference to evidentiary weight assessments, no reviewable error shown, appeals dismissed