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Does Age Matter?

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DOES AGE MATTER?

LAW AND RELATIONSHIPS BETWEEN GENERATIONS

A Law Commission of Canada Discussion Paper

Voting age. Mandatory retirement. Auto insurance rates. Drivers' licences. Access to health care

Age is often used to confer a benefit like the right to vote or the right to a pension. Age is also used to restrict people through, for example, movie ratings or mandatory retirement. Most age-based laws focus on children, youth and older adults.

DID YOU KNOW? In some provinces, you can't make a human rights complaint until you are 18 or 19 years old.

DID YOU KNOW? Some older adults are denied health care services because their condition is "just part of aging".

DID YOU KNOW? In some provinces, youth under the age of 18 receive a lower minimum wage than adults.

DID YOU KNOW? People are often forced to retire at 65, even if they can't afford it.

Some of these laws and policies reflect stereotypes. Age is often used in law instead of ability, lack of maturity, vulnerability or illness. For example, laws that require 80 year-old drivers to undergo medical exams are not about age, they are about being healthy enough to drive. Children often cannot participate in legal matters because the law assumes they are unable to understand them. But is that true of all children, young people and older adults?

Don't some of these laws reflect incorrect assumptions and stereotypes?

Laws and policies often treat everyone in these age groups the same and do not recognize differences between people. They sometimes assume that people follow a standard path through life: children and youth live with their parents while they go to school; adults work full time and have a family; older adults retire at 65 with a pension. Not all people follow that path; those who are different often fall through the cracks. Some youth may be living on their own at 16. Women and older immigrants may not have worked enough years to afford retirement by age 65.

These laws and policies can affect relationships between the generations. In a direct way, for example, governments consider parents' income when they decide the amount of a student loan. Using age categories also emphasizes differences - people may not recognize the similarities they share with another age group. Older adults and children are both considered 'dependent' because they are not part of the paid workforce, even though they contribute to society and community in many other ways.

Age is usually easy to determine. A convenient criterion, it might also be appropriate in some laws and policies. But, are all age-based laws fair? Would financial need or ability be better criteria in some instances? Should our activity - whether we are in school, at work or taking time off - matter more than our age? How can we avoid assumptions and stereotypes, so that children, youth and older adults are treated with dignity and respect as full and equal participants in society?

These are some ideas to think about. The Law Commission of Canada wants to hear from you:

Does Age Matter?

E-mail: info@lcc.gc.ca