SUPREME COURT OF CANADA — JUDGMENTS IN APPEALS
OTTAWA, 20/5/99. THE SUPREME COURT OF CANADA HAS TODAY DEPOSITED WITH THE REGISTRAR JUDGMENTS IN THE FOLLOWING APPEALS AND APPLICATIONS FOR LEAVE TO APPEAL.
FROM: SUPREME COURT OF CANADA (613)995-4330
APPEALS / APPELS:
Reasons for judgment will be available shortly at:
25838 THE ATTORNEY GENERAL FOR ONTARIO -v.- M. -and- H. -and- THE FOUNDATION FOR EQUAL FAMILIES, THE WOMEN’S LEGAL EDUCATION AND ACTION FUND (LEAF), EQUALITY FOR GAYS AND LESBIANS EVERYWHERE (EGALE), THE ONTARIO HUMAN RIGHTS COMMISSION, THE UNITED CHURCH OF CANADA, THE EVANGELICAL FELLOWSHIP OF CANADA, THE ONTARIO COUNCIL OF SIKHS, THE ISLAMIC SOCIETY OF NORTH AMERICA, FOCUS ON THE FAMILY and REAL WOMEN OF CANADA (Ont.)
CORAM: The Chief Justice and L’Heureux-Dube, Gonthier, Cory, McLachlin,
Iacobucci, Major, Bastarache and Binnie JJ.
The appeal and the cross-appeal are dismissed with solicitor-and-client costs to both M. and H. in the proceedings before this Court, Gonthier J. dissenting on the appeal. The constitutional questions are answered as follows:
Question 1: Does the definition of “spouse” in s. 29 of the Family Law Act, R.S.O. 1990, c. F.3, infringe or deny s. 15(1) of the Canadian Charter of Rights and Freedoms?
Answer: Yes. Gonthier J. would answer no.
Question 2: If the answer to Question 1 is “yes”, is the infringement or denial demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: No. Gonthier J. would find it unnecessary to answer the question.