CBC: The National

March 18, 1998

Case on Spousal Rights for Gay Couples

Guest: SUSAN HARADA, CBC Reporter
UNIDENTIFIED Supreme Court Justice
UNIDENTIFIED Lawyer
CHRISTOPHER BREDT, H’s Lawyer
PETER JERVIS, Interfaith Coalition
CAROL ALLEN, Women’s Legal Education Action Fund
JAMIE CAMERON, Law Professor

PETER MANSBRIDGE: The Supreme Court of Canada heard a case today on spousal rights for gay couples. Specifically, it involves alimony rights in Ontario. As we hear from Susan Harada, the implications of the case could be enormous.

SUSAN HARADA: All nine justices usually sit for landmark cases. And all nine were there this morning, including Justice Ian Binnie, who recently made a controversial remark about gays. They were there to hear arguments about gay and lesbian rights.

UNIDENTIFIED SUPREME COURT JUSTICE: For the respondent "M" and cross appellant.

HARADA: It all began because of two women known only "M" and "H." When their 12-year relationship ended, "M" wanted support payments from "H."

UNIDENTIFIED LAWYER: At the end of the day, our position is that...

HARADA: But Ontario Family Law doesn’t allow for that; it doesn’t recognize same-sex spouses. The Ontario government says it should stay that way. "H"’s lawyer agrees, even though his client has since settled with her ex-partner.

CHRISTOPHER BREDT / H’S LAWYER: My client says we like it the way it is. You know, don’t impose it on us. If we want to have support obligations, if we want to structure our relationships, we’ll choose it ourselves.

HARADA: What was argued boils down to this: should same-sex spouses have the same alimony rights as heterosexual spouses under Ontario’s Family Law? Many interveners argue, though, that the issue is much broader—the Interfaith Coalition, for example.

PETER JERVIS / INTERFAITH COALITION: The only people that create children, the only people that are capable of that, are heterosexual spouses.

CAROL ALLEN / WOMEN’S LEGAL EDUCATION ACTION FUND: I think that this government has an agenda...

HARADA: A group representing lesbian rights.

ALLEN: There has been a backlash, I think in the province of Ontario, around any rights that might be attributed to or any benefits that may attribute to lesbian and gay couples, or lesbian and gay peoples that may erode the whole family concept.

HARADA: This law professor says the court could rule on Ontario Family Law only, or it could rule in a way that could affect laws across the country. Right now, only B.C. includes same-sex couples in the definition of spouse.

JAMIE CAMERON / LAW PROFESSOR: It’s not just Family Law legislation that may be at stake here, but a whole host of statutes that deal with access to social welfare benefits, employment benefits, um even Income Tax Act.

HARADA: The last time the court dealt with a similar issue, it ruled against the gay claim, but by a narrow majority. Two of the justices who voted with the majority are now gone, so the two newest justices likely hold the key to which way the ruling will go this time. Susan Harada, CBC News, Ottawa.

Copyright © 1998 by The Canadian Broadcasting Corporation. All Rights Reserved.

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