Also, the Court struck down provisions within Nova Scotia's Workers' Compensation Act that prohibited people who were disabled by chronic pain from benefits as a violation of section 15(1) of the Canadian Charter of Rights and Freedoms.

[1] Donald Martin and Ruth Laseur both suffered from chronic pain caused by work injuries.

They challenged the Worker's Compensation Act as a violation of equality rights under section 15(1) of the Charter for denying benefits to those with chronic pain.

Justice Gonthier, writing for a unanimous Court, considered the question of whether the Charter could be applied by the tribunal.

Factors to be considered include the mandate of the tribunal, whether the body is adjudicative in nature, and whether it possesses any other characteristics of the administrative system.