Victory!

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:

http://www.scc-csc.gc.ca

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.

Keep Reading

The new generation of gay Conservative sellouts

OPINION: Melissa Lantsman’s and Eric Duncan’s refusals to call out their party’s transphobia is a betrayal of the LGBTQ2S+ community

Over 300 anti-LGBTQ2S+ bills have been introduced this year. This doesn’t mean we should panic

OPINION: While it’s important to watch out for threats, not all threats are created equally. Some of these bills will die a natural death

Xtra’s top LGBTQ2S+ stories of the year

The best and brightest—even most bewildering—stories from a back catalogue brimming with insight

Elon Musk and Texas attorney general Ken Paxton are suing Media Matters. Here’s why queer and trans people should care

OPINION: When politicians and the rich leverage the power of the state to quell dissent, we all lose