A retired major in Kingston is worried his fight to make sure his wife won't live in poverty after he dies has been scuttled by federal government cuts.

Reg Warkentin is challenging the military pension act's "gold diggers clause," but his legal battle is in jeopardy after the federal government cut a program that funds human rights court challenges.

Reg Warkentin married Hilde when he was 62. Because he was older than 60, she will not get his military pension when he dies.

"Virtually we've been cut off at the knees," he said. "Unless somebody comes up with more money, this thing will never get to the Supreme Court."

The clause in Section 31 of the Canadian Forces Superannuation Act says a woman who marries a veteran who is 60 or older cannot receive her husband's military pension if he dies.

The clause was introduced around 100 years ago to stop young women from marrying veterans for their money.

Warkentin, 74, married his second wife Hilde when he was 62.

'We all know age 60 isn't old anymore.… It's pure discrimination based solely on age.'-veteran Reg Warkentin

"We all know age 60 isn't old anymore," he said.

"Now a veteran can serve until the age of 60."

Besides, he added, the law is unfair to women like his wife.

"I feel she's being cheated," he said. "It's pure discrimination based solely on age."

Rights charter now 'playground of the wealthy': lawyer

Warkentin has been working to challenge the law for more than 10 years.

During that time, he has collected a thick binder of documents in order to ensure his challenge doesn't fail like previous court challenges to the clause.

He has been working with a group of widows to take the case to the Supreme Court of Canada, and has been funding his legal bills through the federal Court Challenges Program.

According to the program's website, it was set up in 1994 to provide financial assistance for important court cases concerning language and equality rights guaranteed under Canada's Constitution.

But the program was among those cut recently by Prime Minister Stephen Harper's Conservative government.

Human rights lawyer David Baker said the cut is a blow to most people who want to take up a challenge under the Canadian Charter of Rights and Freedoms.

"The charter becomes the playground of the wealthy," he said.

Baker, who is based in Toronto, has been helping Warkentin with the case. But he said the challenge is now on hold.

A national military group called the Signallers Club of Canada is trying to raise additional money for the case.

But in the meantime, Warkentin worries that more and more widows are being left destitute as their veteran husbands die.