Canadian survivors of same-sex partners win expanded pension rights

[iverglas]

I feel like an interloper, being straight ... but hey, I was once the lawyer for the local gay and lesbian rights organization, so am I cool?

I posted this news in LBN, and I imagine people in this forum would be interested:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1023855&mesg_id=1023855

Thanks to Sticky for posting it in the Canada forum; I'd followed the case, but hadn't seen today's news that the Ontario Court of Appeal ruling was out; the Toronto Star article is here:

http://www.thestar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/Article_Type1&c=Article&cid=1101465974163&call_pageid=968332188492&col=968793972154&DPL=IvsNDS%2f7ChAX&tacodalogin=yes

Egale ("Equality for Gays and Lesbians Everywhere"; "égale" means "equal" in French) doesn't have anything up yet, but likely will soon:
http://www.egale.ca/index.asp

The govt of Canada passed legislation in 2000 (before the same-sex marriage decisions) to permit same-sex partners to claim survivor benefits under the Canada Pension Plan (= US social security) if they were widowed after 1998, on the same basis as other common-law spouses.

But the equality provisions of the 1982 Constitution of Canada kicked in in 1985, and the applicants in this case argued that they should be able to claim survivor benefits for spouses who died between 1985 and 1998, also. One of the applicants is a long-time gay rights activist -- he's 77 now, his partner died in 1986, and I knew him slightly in Toronto years ago and I just think it's great that he has this legacy in his name now ... although of course he should not have had to go to these lengths for equal treatment.

The Ontario Court of Appeal agreed, and (depending on whether the fed govt appeals to the Supreme Court of Canada, arguing that the terms of benefit programs are not up to the courts to decide) survivors of same-sex partners who died after 1985 will now be able to claim benefits.

I always feel like we furriners shouldn't trumpet these victories too loudly in USAmerican ears ... lest we be thought, um, prideful. ;) I hope, rather, that they serve as inspiration, and don't just look like shiny trinkets hung out of your reach.

[Technowitch]

1. And people wonder why some of us are seriously tempted to move there...