Egan v . Canada

Egan v. Canada

Background Info:

• A homosexual couple applied for spousal allowance

• They were declined on the basis that they were not defined as spouses

• They fought for the definition of a spousal relationship

The Supreme Court of Canada

Background Info:

• Joseph J. Arvay represented the plaintiffs

• Fought against the discrimination under section 15 and section 1 of the charter of rights and freedoms. Joseph J. Arvay

Appellant: Section 15

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

SECTION 15:

Appellant• Chief Justice

Lamer supported the Appellants’ case.

Respondent

Interveners (appellant):

Equality For Gays and Lesbians Everywhere

• “The Supreme Court has left the door open for future legal challenges.”

• “The only question that remains is whether the Government will recognize our right to equality, or whether it will continue to pour millions of dollars of taxpayers’ money into defending unjust laws.”

Interveners (respondent)

Attorney General of Quebec

Inter-faith Coalition on Marriage and the Family

• The “redefinition of marriage could lead to threats to religious freedom for religious institutions…”

End Result:

Despite the majority believing the legislation was discriminatory, the majority believed this was justified and thus… the courts upheld the legislation as constitutional.