A Legacy of Activism
Dr. David W. McKinney Jr. — 1920-2015
In 1990, Dr. David W. McKinney Jr. (father of WtC founder, Nicole McKinney) turned 65 and was forced to retire from his position as a Professor of Sociology/Anthropology at the University of Guelph. At the time, David was still heavily active and in the midst of several large, important research projects. Having always been one to act when faced with injustice (against himself and others) he decided to leverage his vast expertise and research skills to change the laws forcing him to retire.
The outcome was McKinney v University of Guelph [1990] 3 SCR 229 the Supreme Court of Canada case that decided that, for the purpose of determining the application of the Canadian Charter of Rights and Freedoms, universities were not part of the government. Therefore, the mandatory retirement age for university teachers did not violate equality rights under section 15 of the Charter. In reaching this holding, the Court refined the scope of the Charter as it applies to government bodies as well as the definition of "law" within the ambit of the Charter. Eight professors and a librarian from the University of Guelph applied for declarations that the university's policy for mandatory retirement at age 65 as well as the Ontario Human Rights Code, which allowed such policies, were unconstitutional. This case has become famous among Supreme Court Cases and continues to be used as a precedent case in Canada for both law school students and practicing lawyers.
The legacy he left behind now lives on through work and cases he fought to ensure justice for generations to come. With such large shoes to fill, Nicole is using his legacy to help fuel her passion to inspire a greater understanding of societal differences created by privilege and marginalization. She looks forward to seeing a world where true equity is achieved across all spectrums of diversity. With this legacy and passion comes the birth of WtC Waking the unConscious.