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Press Release

April 23, 1998

Unanimous Court of Appeal Rules

Income Tax Act Definition of "Spouse" Must Be Extended to Include Same-Sex Couples for Pension Purposes

The Ontario Court of Appeal released its decision today in Rosenberg & CUPE v. Canada—a constitutional challenge to the provisions of the Income Tax Act which fail to recognize any pension plans making equal provision for those in same-sex relationships.

The Court ruled unanimously that the opposite-sex definition of “spouse” in s. 252(4) of the Income Tax Act is unconstitutional and must be extended to include same-sex couples, effective immediately.

A Coalition of 13 different equality-seeking groups (listed below) joined together to support the appeal, arguing that same-sex couples have a right to equal treatment under law. The Equality Coalition was represented by Counsel Gwen Brodsky and Cynthia Petersen.

“This is a groundbreaking case since the Federal Government has consistently refused to allow lesbian and gay couples to be treated equally for pension purposes,” said Cynthia Petersen, co-counsel for the Equality Coalition. “In this case, the CUPE union wishes to adopt a pension plan which will accord equal pension benefits to gay and lesbian employees, such as Nancy Rosenberg. The Federal government has consistently refused to register the pension plan for Income Tax purposes, however, claiming that any pension plan which recognizes gays and lesbians equally violates the opposite-sex definition of “spouse” in the Income Tax Act.”

“Today’s unanimous judgment sends the clear message that discrimination against those in same-sex relationships is not just immoral—it’s unconstitutional,” said John Fisher, Executive Director of EGALE, one of the groups involved in the Coalition. “The Court recognized that lesbians and gays contribute equally to pension plans and are entitled to share equally in their benefits. As a result of today’s judgment, the federal government will no longer be able to force employers to discriminate against their will, by withholding tax advantages from employers with equal pension plans.”

For further information, please contact Counsel or Members of the Equality Coalition:
Counsel (Gwen Brodsky 604-874-9211)
Co-counsel (Cynthia Petersen 416-979-6440)
EGALE (John Fisher 613-230-1043, john@egale.ca)
Canadian AIDS Society (Russell Armstrong 613-230-3580 x 117)
Canadian Association of Elizabeth Fry Societies (Kim Pate 613-2382422)
Charter Committee on Poverty Issues (Bruce Porter 705-789-1397 or Vince Calderhead 902-420-3450)
Chinese Canadian National Council (Stephen Lee 416-924-1565)
Coalition for Lesbian and Gay Rights in Ontario (Glenn Bettridge 416-516-1355)
DisAbled Women’s Network (Eileen O’Brien 604-873-1564)
End Legislated Poverty (Linda Moreau 604-879-1209)
Minority Advocacy Rights Council (Indra Singh 613-567-0330)
National Action Committee on the Status of Women (Amy Go 416-469-5211 x 254)
National Association of Women and the Law (Louise Shaughnessy 613-241-7570)
Table féministe francophone (Guylaine Leclerc 613-741-1334)
Toronto Chinese and Southeast Asian Legal Clinic (Avvy Go 416-971-9674)

Egale Canada ©2011

Égale Canada est l'organisme national de défense des droits des personnes LGBT, voué à la promotion de l'égalité, de la diversité, de l'éducation et de la justice.