"May 1999
The Supreme Court of Canada rules same-sex couples should have the same benefits and obligations as opposite-sex common-law couples and equal access to benefits from social programs to which they contribute.
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The ruling centred on the "M v. H" case which involved two Toronto women who had lived together for more than a decade. When the couple broke up in 1992, "M" sued "H" for spousal support under Ontario's Family Law Act. The problem was that the act defined "spouse" as either a married couple or "a man and woman" who are unmarried and have lived together for no less than three years.
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The judge rules that the definition violates the Charter of Rights and Freedoms and declares that the words "a man and woman" should be replaced with "two persons." "H" appeals the decision. The Court of Appeal upholds the decision but gives Ontario one year to amend its Family Law Act. Although neither "M" nor "H" chooses to take the case any further, Ontario's attorney general is granted leave to appeal the decision of the Court of Appeal, which brought the case to the Supreme Court of Canada. The Supreme Court rules that the Ontario Family Law Act's definition of "spouse" as a person of the opposite sex is unconstitutional as was any provincial law that denies equal benefits to same-sex couples. Ontario is given six months to amend the act."
- Excerpt from "TIMELINE | Same-sex rights in Canada", cbc.ca
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