Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Gays, Lesbians Win Pension Decision (Canada)

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Latest Breaking News Donate to DU
 
iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-26-04 05:12 PM
Original message
Gays, Lesbians Win Pension Decision (Canada)
Sticky posted this in the Canada forum, and achtung_circus suggested it deserved a wider audience.

The rigorous equality provisions of the 1982 Constitution of Canada (much more stringent than constitutional requirements in the US) took effect in 1985 (to give governments a transitional period in which to bring their legislation into line).

The constitutional Charter of Rights and Freedoms does not expressly prohibit discrimination, in legislation and govt policy, on the basis of sexual orientation, but the Supreme Court eventually interpreted it as including sexual orientation, since gay men and lesbians are a historically stereotyped and disadvantaged group.

The Canada Pension Plan, the public pay-in retirement pension similar to the US's social security plan, pays survivor benefits to the widowed spouses of contributors to the plan. In 2000, the govt enacted legislation to allow same-sex partners to claim survivor benefits in respect of contributors who had died in 1998 or later. (The legislation preceded same-sex marriage.) The question was whether denying benefits to survivors of contributors who died between 1985 and 1998 was unconstitutional.

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

(The Toronto Star does not require registration or subscription.)

Denying millions of dollars worth of retroactive pension payments to widowed gays and lesbians is an irrational and unconstitutional violation of their rights and Ottawa's commitment to equality, Ontario's highest court ruled today.

In a strongly worded decision, the Appeal Court sided with a landmark lower-court ruling that the federal government was wrong to refuse the Canada Pension Plan backpayments, estimated at about $80 million, when it extended equality rights to same-sex couples in 2000.
George Hislop, the main applicant in this constitutional challenge, is now 77, and has been one of Canada's leading gay rights activists for decades. His partner died in 1986; they had been together 28 years. It's just so fitting that his name be on an important Charter decision like this.

"I always knew that Canadians were interested in fair play and I think the courts have borne that out," said George Hislop, 77, one of five lead plaintiffs in the case. "The Charter says we are all equal and you can't be a little bit equal. You got to be there all the way."
The Justice Minister, once a well-known civil liberties lawyer and now just a Martinite Liberal, is "studying" the case (i.e. whether to appeal to the Supreme Court of Canada). The govt's argument is that it is not up to the courts to set the terms of "federal benefit programs and policy", where the use of public funds is in issue. It lost that argument in a case some time ago about unemployment insurance-paid parental leave for the fathers of adopted children, and we now have a parental leave policy that makes no distinction between mothers and fathers in all cases (except for a short period of leave for delivery).

The Justice Minister should just give up:

It is estimated that about 1,500 gays and lesbians across Canada are eligible for survivor benefits. Initially, the amount of retroactivity was pegged at as much as $400 million, but more recent actuarial data suggested it would be closer to $80 million.
One of those small prices to pay for decency, for a group of mainly aging people who have suffered quite enough indignity in their lives, before they all die.

I know our USAmerican neighbours can only dream of having problems like these, sadly.

Printer Friendly | Permalink |  | Top
arwalden Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-26-04 05:53 PM
Response to Original message
1. Outstanding!!! Congratulations To Canada!!!
Why is the United States such a backward and regressive country?
Printer Friendly | Permalink |  | Top
 
Moonbeam_Starlight Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-26-04 06:00 PM
Response to Reply #1
2. Good question.
It's one I've been asking myself more and more lately.

WHY are we so backwards and moving backwards all the time.

I was watching something on TV and it was set in 1904 and the characters were talking about how "modern" and "forward-looking" and "progressive" Americans were and how they were proud of this and I actually choked up. That might have been true 100 years ago, but it sure isn't now. How sad is that?
Printer Friendly | Permalink |  | Top
 
The Zanti Regent Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-26-04 06:02 PM
Response to Original message
3. Meanwhile, Social Security won't do this.
Social Security will not recognize Vermont civil unions or same sex marriages.

SHAME!
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu Oct 31st 2024, 06:30 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Latest Breaking News Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC