Can Canada Pension Plan discriminate on the basis of mental as opposed to physical disability?
The Supreme Court of Canada in a decision in 1993 Battleford v. Gibbs, has decided that it is improper for an insurance company to discriminate on the basis of mental versus physical handicap or impairment. This protection is found in the Canadian Charter of Rights and Freedoms. The answer is therefore that, “No, Canada Pension Plan is not entitled to discriminate between mental and physical disabilities.” Some further elaboration on this answer is required. Although they are not able to discriminate, the medical system does discriminate on that basis. Psychologists are not paid for through any type of government funding. It is therefore much more difficult to diagnose and prove psychological dysfunction as opposed to physical dysfunction. Also, persons suffering from psychological problems are sometimes not aware of the extent of their problems or the fact that they may be the real cause of the inability to work. For that reason, legal representation can be of great assistance in brin
