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34. Nurses working in a hospital in Alberta were required to retire at the age of 65 years. A grievance was initiated on the basis of age discrimination prohibited by a non-discrimination clause in the collective agreement. The arbitration board, however, has considered this prohibition against age discrimination, but decided because the provincial Individual's Right Protection Act defined age as between 45 and 65 years, and it could use the same definition of age. So, this forced retirement was not an example of age discrimination. The decision was challenged before the court. Does the action of the nurses succeed?
a. Yes, because it contravenes the Charter of Rights and Freedoms.
b. No, because the Charter of Rights and Freedoms supersedes provincial Individual's Rights Protection Act.
c. Yes, the collective agreement prevails over the charter.
d. No, because the provincial Individual's Rights Protection Act defined age as between 45 to 65 years.
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