Making a Charter challenge

If you think that a law violates your rights under the Canadian Charter of Rights and Freedoms opens a new window (Charter), you might be able to make a Charter challenge.

A Charter challenge means that you believe a section (or sections) of one of the following is unconstitutional:

• Employment Insurance Act opens a new window
• Canada Pension Plan opens a new window
• Old Age Security Act opens a new window
• Canada Disability Benefit Act opens a new window
• Department of Employment and Social Development Act opens a new window (Part 5 only)
• any Rules or Regulations made under the Acts listed above

Charter challenges are complicated. We want to make justice accessible for everyone. Find out more about how to get help with your appeal.

Step 1: Send us your Charter Challenge Notice

If you want to argue that a law, or part of a law, violates your rights under the Charter, you need to give us written notice. To help you complete the written notice, we’ve developed the Charter Challenge Notice form for you to use.

What information to include in your Charter Challenge Notice

You need to include the following information in your Charter Challenge Notice:

1. The section (or sections) of the law that you believe violates your Charter rights.
   • Read about the laws that apply at the Social Security Tribunal (SST) on our website.
2. The Charter right (or rights) that you believe the law has violated.
   • Read the Charter opens a new window to learn about the rights and freedoms it guarantees. You can consult public resources like Charterpedia opens a new window.
3. The key facts that support your challenge.
   • Give us details of the “who, what, when, where, and how” related to your Charter challenge.
   • For example, if you’re arguing that a section of the law violates your Charter right to equality by discriminating against you:
     • What group are you part of that is being discriminated against? This may be based on a characteristic like age, sex, race, religion, and/or disability.
     • How was your group treated differently?
     • How does that treatment reinforce or contribute to a disadvantage your group faces? How does it worsen your group’s situation?
     • The key facts will be different for other Charter rights.
4. A summary of the legal arguments that support your challenge.
   • Explain how the law violates your Charter rights

Step 2: A member decides what happens next

Whether your Charter challenge will move forward

A member will decide whether your notice meets the requirements to continue as a Charter challenge. We’ll let you know what the member decides and what your next steps are in a follow-up letter.

What happens at the Appeal Division

At the Appeal Division, the process might move forward differently than at the General Division. If your appeal raises arguments other than the Charter challenge, these will be decided separately from the Charter challenge. The member will tell you if and when you can move forward with your Charter challenge.

Member instructions

If the member decides that your Charter challenge can move forward, they’ll set deadlines for filing evidence and arguments.

Step 3: Send us your evidence and arguments

Before your deadlines, send us as much information as possible to support your Charter challenge. For example:

• What documents support your challenge?
  • Send us a copy of all evidence that supports your challenge (for example, written documents, expert reports, affidavits).
• What witnesses will testify at your hearing?
  • If you want a witness to testify at your Charter challenge hearing, you must notify the SST. If the witness is testifying as a professional, you must provide their resume and a list of the documents that they will testify about or a summary of what they will testify about.
• What case law supports your challenge?
  • Case law refers to decisions made by courts and tribunals. If your situation is similar to another case, you can use that earlier decision to support your case. You need to do your own research to find case law.
• How does the section (or sections) of the law violate your rights under the Charter?
• What do you want from your challenge?
  • This is also called the outcome or the remedy. The member can give a remedy in your specific case only. They can’t give a remedy for others who may be in a similar position.
  • If part of the law doesn’t apply to you because it violates the Charter, tell us how that should affect your benefits or your appeal.

The other party will have a chance to file their evidence and arguments. You’ll be able to respond. Then we’ll set a hearing date.

Step 4: Tell the Attorneys General about your Charter challenge

After we set a hearing date, you need to tell the Attorney General of Canada and the Attorney General of each province and territory about your Charter challenge. They need to know about your Charter challenge because they may want to participate in your appeal. You’re responsible for telling them.

To help you tell them, we’ve developed the Notice to Attorneys General of my Charter challenge hearing form for you to use.

You have to notify the Attorneys General at least 10 days before your hearing date. Send us your signed Declaration of Notice to Attorneys General of my Charter Challenge hearing as proof that you notified the Attorneys General.

If the member finds that you haven’t met this requirement, they may adjourn (pause) your hearing to give you additional time to meet the requirement.

At any point before the hearing, the member may decide to have a case conference. A case conference is a meeting where the member discusses the issues and procedures with the parties.

Section 1 of the Social Security Tribunal Regulations, 2022 opens a new window, sets out the requirements for Charter challenges. Sections 47(1), 49(1), and 55(1) and (2) of the Social Security Tribunal Rules of Procedure opens a new window allow the SST to set deadlines, and section 8(5) allows the SST to decide appeal procedures. Sections 16 and 41 of the Social Security Tribunal Rules of Procedure outline the role of witnesses and notice requirements.

This Practice Direction came into effect on August 21, 2026.