Thank you, Madam Chair.
I think no one argues with the basic premise that mandatory retirement should be removed, but the issue is not necessarily black and white, as Madame Folco would suggest, or even the case that was handed down very recently. This morning, I looked at a copy of it, and page 126—it is a lengthy decision—says:
The Tribunal’s finding that Air Canada had not established that being under the age of 60 was a bona fide occupational requirement for its airline pilots at the time that Messrs. Vilven and Kelly’s employment was terminated in 2003 and 2005 respectively was reasonable. However, the Tribunal’s finding that Air Canada had not established that age was a bona fide occupational requirement for its pilots in light of the post-November 2006 ICAO standards was not reasonable.
As [a] result, Air Canada’s application for judicial review as it relates to the bona fide occupational requirement issue will be allowed in part. The question of whether Air Canada has established that age was a bona fide occupational requirement for its airline pilots after November of 2006 is remitted to the same panel of the Tribunal, if available, for re-determination on the basis of the existing record, in light of all three elements of the Meiorin test.
So it's not black and white. There are some issues, and some of the parties have said that we need to do away with mandatory retirement, but we need to be careful how we do it.
I noted with interest that the chamber has suggested that perhaps we could do that, but you had some amendments. Maybe you could state briefly what you think the amendments might be, and I would invite the chamber to provide to this committee a written draft showing how you would like those amendments to look.
I have a question for Mr. Cox, so if you could, please quickly outline what you think the amendments would be and whether you're prepared to submit to this committee a more formal type of amendment that you would think is acceptable.
Susanna.