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SCC decision: March 1, 2007

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Canada (Attorney General) v. Hislop, 2007 SCC 10
Click here to read the full judgment.
(Pensions / Charter / s. 15)
When the federal government extended pension plan eligibility to same-sex couples in 2000, survivor benefits were only retroactive where spouses had died on or after January 1, 1998.  H. brought a class action claim to declare the relevant sections of the pension plan unconstitutional, arguing that the date was arbitrary and violated the equality provisions of s. 15.  The Court agreed that the sections were unconstitutional and were not saved by s. 1.  However, another section which limits survivors' arrears benefits generally was upheld.
Majority/Concurring: 6/1