POLS 3140 Lecture Notes - Lecture 17: Purposive Approach, Canadian Human Rights Act, Old Age Security
21 Apr 2017
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Lecture 17 equality and the changing family: lgbtq rights. Canadian human rights act prevented discrimination on family status (did not include sexual orientation) Mossop sought (cid:271)ereave(cid:373)e(cid:374)t leave fro(cid:373) e(cid:373)plo(cid:455)er for part(cid:374)er(cid:859)s funeral: denied because partner was a man. Majorit(cid:455): deferred to parlia(cid:373)e(cid:374)t(cid:859)s de(cid:272)isio(cid:374) to leave se(cid:454)ual orie(cid:374)tatio(cid:374) out. Laforest concurrence: dominant conception = traditional family, same sex relationships not similar status in ordinary language. Family status does not include same sex couples. Dissent: human rights must be given large, liberal, purposive interpretation. It is not anti-family to support protection for non-traditional families. The traditional family is not the only family form, and non-traditional family forms may equally advance true family values. Ontario law offered insurance benefit only to legally married spouses. Majority: marital status = analogous, violates s. 15(1), not saved by s. 1. John miron denied claim for injuries under female common law partners policy. Claimed the law violated s. 15(1), discriminated based on marital status.
