Absolutely. When we were dealing with the issue of mandatory retirement in the federal legislation, it became obvious that New Brunswick was the only province in which the law permitted a pension plan to actually require mandatory retirement, and the law allowed that.
Nova Scotia had a similar provision and took it out. Therefore, your workers should win. I would suggest that before they spend any more money on the lawsuit, they get a thorough review of their legal position and convince the employer how wrong they are on the law, rather than take it all the way up to the Supreme Court with a charter issue.
That's my short answer, but don't take that as legal advice.
It is an issue that stays with us. Although we have removed some barriers and some official legislated age discrimination, those kinds of specifics remain. So I think they should really look at that even more carefully, and we will look at it again now that you've raised the issue.