Ray Woodcock
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| Posted: Sun Jun 20, 2004 6:16 pm
Post subject: Canadian Constitutional Challenge re Student Loan Discharge |
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OTTAWA - Canada's student bankruptcy law barring graduates from
discharging their student loans for 10 years after the completion of
studies is unconstitutional, the Ontario Superior Court was told
yesterday.
"The profile of the student debtor in bankruptcy is of an individual
who is young, more likely to be a woman, and in worse economic shape
than other bankrupts," argued Todd Burke, lawyer for University of
Ottawa graduate Annick Chenier.
The Canadian Federation of Students, a national student lobby group,
is sponsoring the constitutional challenge, launched after Ottawa
amended the Bankruptcy and Insolvency Act in 1998.
Mr. Burke told the court the 10-year prohibition for student debtors
violates the equality provisions of the Charter of Rights and
Freedoms, including discrimination based on age and sex.
The ban invites differential treatment based on a personal
characteristic, namely a historically disadvantaged group of student
debtors, said Mr. Burke, a partner at Gowlings Lafleur Henderson. ...
[From http://www.canada.com/national/nationalpost/news/story.html?id=0ff6497f-0858-4768-85cc-966d05752da8]
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