{"title":"Limits on CPP survivor benefits for same-sex couples unconstitutional.","authors":"Gord Cruess","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>On 19 December 2003, the Ontario Superior Court of Justice declared the federal government's Canada Pension Plan (CPP) survivor benefits regime as it applied to same-sex couples unconstitutional. Under the law, survivors in same-sex relationships could not receive benefits if their partner had died prior to 1 January 1998, while no similar restriction was imposed on opposite sex-relationship survivors. In Hislop v Canada, Justice Macdonald found this cut-off date to be unconstitutional because it denied gay and lesbian survivors equality of the law.</p>","PeriodicalId":83647,"journal":{"name":"Canadian HIV/AIDS policy & law review","volume":"9 1","pages":"52-4"},"PeriodicalIF":0.0000,"publicationDate":"2004-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian HIV/AIDS policy & law review","FirstCategoryId":"1085","ListUrlMain":"","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
On 19 December 2003, the Ontario Superior Court of Justice declared the federal government's Canada Pension Plan (CPP) survivor benefits regime as it applied to same-sex couples unconstitutional. Under the law, survivors in same-sex relationships could not receive benefits if their partner had died prior to 1 January 1998, while no similar restriction was imposed on opposite sex-relationship survivors. In Hislop v Canada, Justice Macdonald found this cut-off date to be unconstitutional because it denied gay and lesbian survivors equality of the law.