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Court of appeal rules on same sex pension benefits under the charter
On November 26th the Ontario Court of Appeal ruled that the federal government violated the rights of gays and lesbians by denying them survivor pension benefits under the Canada Pension Plan. The federal government, in legislation enacted in 2000, limited survivor benefits to those whose partners had died on or after January 1st, 1998, and allowed benefits to begin only in July of 2000. The Court of Appeal upheld the claim that benefits should begin on the day the Charter of Rights and Freedom’s equality clause came into effect (April 15th, 1985).
LINKS:
Ontario Court of Appeal decision summary (5 pages, PDF) at http://www.ontariocourts.on.ca/decisions/2004
/november/C41224synopsis.pdf
and the complete decision (38 pages, PDF) http://www.ontariocourts.on.ca/decisions/2004
/november/C41224.pdf
Press release from Egale, an advocacy group for gays and lesbians at http://www.egale.ca/index.asp?lang=E&menu=1&item=1115
“Same-sex couples win pension fight” in the Globe and Mail (Nov. 27) at http://www.theglobeandmail.com/servlet/ArticleNews/TPStory
/LAC/20041127/SAMESEX27/TPNational/?query=kirk+makin
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