DOCSLIB.ORG

ALBERTA LAW REPORTS Fifth Series Reports of Selected Cases from the Courts of Alberta and Appeals

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
ALBERTA LAW REPORTS Fifth Series Reports of Selected Cases from the Courts of Alberta and Appeals ALBERTA LAW REPORTS Fifth Series Reports of Selected Cases from the Courts of Alberta and Appeals VOLUME 53 (Cited 53 Alta. L.R. (5th)) SELECTION EDITOR Walter J. Watson, B.A., LL.B. ASSOCIATE EDITORS E. Mirth, Q.C. E.H. Molstad, Q.C. A.D. Nielsen, B.A., LL.B., Q.C. CARSWELL EDITORIAL STAFF Cheryl L. McPherson, B.A.(HON.) Director, Primary Content Operations Audrey Wineberg, B.A.(HON.), LL.B. Product Development Manager Jennifer Weinberger, B.A.(HON.), J.D. Supervisor, Legal Writing Sharon Yale, LL.B., M.A. Supervisor, Legal Writing Melissa Dubien Content Editor ALBERTA LAW REPORTS is published 18 times per year. Subscription Alberta Law Reports est publi´e 18 fois par ann´ee. L’abonnement est de rate $379.00 per bound volume including parts. Indexed: Carswell’s Index to 379 $ par volume reli´e incluant les fascicules. Indexation: Index a` la docu- Canadian Legal Literature. mentation juridique au Canada de Carswell. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2012 Thomson Reuters Canada Limited © 2012 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. No part of this publica- MISE EN GARDE ET AVIS D’EXONERATION´ DE RESPON- tion may be reproduced, stored in a retrieval system, or transmitted, in any SABILITE´ : Tous droits r´eserv´es. Il est interdit de reproduire, m´emoriser sur form or by any means, electronic, mechanical, photocopying, recording or un syst`eme d’extraction de donn´ees ou de transmettre, sous quelque forme ou otherwise, without the prior written consent of the publisher (Carswell). par quelque moyen que ce soit, electronique´ ou m´ecanique, photocopie, enre- gistrement ou autre, tout ou partie de la pr´esente publication, a` moins d’en avoir pr´ealablement obtenu l’autorisation ecrite´ de l’´editeur, Carswell. A licence, however, is hereby given by the publisher: Cependant, l’´editeur conc`ede, par le pr´esent document, une licence : (a) to a lawyer to make a copy of any part of this publication to give to a a) a` un avocat, pour reproduire quelque partie de cette publication pour judge or other presiding officer or to other parties in making legal submis- remettre a` un juge ou un autre officier-pr´esident ou aux autres parties dans sions in judicial proceedings; une instance judiciaire; b) a` un juge ou un autre officier-pr´esident, pour produire quelque partie de (b) to a judge or other presiding officer to produce any part of this publication cette publication dans une instance judiciaire; ou in judicial proceedings; or c) a` quiconque, pour reproduire quelque partie de cette publication dans le cadre de d´elib´erations parlementaires. (c) to anyone to reproduce any part of this publication for the purposes of « Instance judiciaire » comprend une instance devant une cour, un tribunal ou parliamentary proceedings. une personne ayant l’autorit´e de d´ecider sur toute chose affectant les droits ou les responsabiliti´es d’une personne. “Judicial proceedings” include proceedings before any court, tribunal or per- Ni Carswell ni aucune des autres personnes ayant particip´e a` la r´ealisation et son having authority to decide any matter affecting a person’s legal rights or a` la distribution de la pr´esente publication ne fournissent quelque garantie liabilities. que ce soit relativement a` l’exactitude ou au caract`ere actuel de celle-ci. Il est entendu que la pr´esente publication est offerte sous la r´eserve expresse que ni Carswell and all persons involved in the preparation and sale of this publica- Carswell, ni le ou les auteurs de cette publication, ni aucune des autres per- tion disclaim any warranty as to accuracy or currency of the publication. This sonnes ayant particip´e a` son elaboration´ n’assument quelque responsabilit´e publication is provided on the understanding and basis that none of Carswell, que ce soit relativement a` l’exactitude ou au caract`ere actuel de son contenu the author/s or other persons involved in the creation of this publication shall ou au r´esultat de toute action prise sur la foi de l’information qu’elle be responsible for the accuracy or currency of the contents, or for the results renferme, ou ne peuvent etreˆ tenus responsables de toute erreur qui pourrait of any action taken on the basis of the information contained in this publica- s’y etreˆ gliss´ee ou de toute omission. tion, or for any errors or omissions contained herein. La participation d’une personne a` la pr´esente publication ne peut en aucun cas etreˆ consid´er´ee comme constituant la formulation, par celle-ci, d’un avis No one involved in this publication is attempting herein to render legal, ac- juridique ou comptable ou de tout autre avis professionnel. Si vous avez counting, or other professional advice. If legal advice or other expert assis- besoin d’un avis juridique ou d’un autre avis professionnel, vous devez tance is required, the services of a competent professional should be sought. retenir les services d’un avocat ou d’un autre professionnel. Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0703-3117 ISBN 978-0-7798-1838-9 Printed in Canada by Thomson Reuters CARSWELL, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com E-mail www.carswell.com/email BTC Properties II Ltd. v. Calgary (City) 223 [Indexed as: BTC Properties II Ltd. v. Calgary (City)] The City of Calgary (Appellant / Applicant) and The Municipal Government Board and BTC Properties II Ltd. also known as “BCT Properties II Ltd.” (Respondent / Respondent) Alberta Court of Appeal Docket: Calgary Appeal 1101-0036-AC 2012 ABCA 13 Ronald Berger, Clifton O’Brien, Patricia Rowbotham JJ.A. Heard: November 8, 2011 Judgment: January 16, 2012 Municipal law –––– Municipal tax assessment — Valuation — Uniformity, equity and equality — Miscellaneous –––– Prior to 2003, it was not city’s prac- tice to assess business tax on parking space or parking facilities associated with office buildings and rented to tenants of those buildings — Practice changed as result of Municipal Government Board’s (MGB) decision in which various park- ing operators challenged 2002 business tax assessments relating to numerous parking facilities operated by them — One basis for challenge was that assess- ments were inequitable — MGB found systemic inequity and as result city be- gan assessing both parking operators and owners/landlords of office building parking facilities for 2003 business tax — BTC and numerous other operators and owners/landlords appealed 2003 assessments, and like assessments for 2004, 2005 and 2006 taxation years to Calgary Assessment Review Board — On further appeal to MGB, BTC’s 2004 assessments were affirmed because of lack of evidence to contrary — MGB granted BTC’s 2005 and 2006 appeals, after BTC provided more evidence, finding that BTC did not operate parking business in parking facilities — City brought unsuccessful application for judi- cial review — City appealed — Appeal dismissed — Reviewing judge correctly selected and applied standards of review to each issue — MGB’s reasons were within range of possible outcomes which were defensible both on facts and law — MGB was reasonable in finding that BTC was not operating business in parking facilities, and it was not necessary to consider paramount occupancy principle. Municipal law –––– Municipal tax assessment — Valuation — Particular property — Miscellaneous –––– Prior to 2003, it was not city’s practice to as- sess business tax on parking space or parking facilities associated with office buildings and rented to tenants of those buildings — Practice changed as result of Municipal Government Board’s (MGB) decision in which various parking operators challenged 2002 business tax assessments relating to numerous park- ing facilities operated by them — One basis for challenge was that assessments were inequitable — MGB found systemic inequity and as result city began as- 224 ALBERTA LAW REPORTS 53 Alta. L.R. (5th) sessing both parking operators and owners/landlords of office building parking facilities for 2003 business tax — BTC and numerous other operators and own- ers/landlords appealed 2003 assessments, and like assessments for 2004, 2005 and 2006 taxation years to Calgary Assessment Review Board — On further ap- peal to MGB, BTC’s 2004 assessments were affirmed because of lack of evi- dence to contrary — MGB granted BTC’s 2005 and 2006 appeals, after BTC provided more evidence, finding that BTC did not operate parking business in parking facilities — City brought unsuccessful application for judicial review — City appealed — Appeal dismissed — Reviewing judge correctly selected and applied standards of review to each issue — MGB’s reasons were within range of possible outcomes which were defensible both on facts and law — MGB was reasonable in finding that BTC was not operating business in parking facilities, and it was not necessary to consider paramount occupancy principle.
Load more

Recommended publications
  • " We Are Family?": the Struggle for Same-Sex Spousal Recognition In
    INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be fmrn any type of computer printer, The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reprodudion. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e-g., maps, drawings, &arb) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to tight in equal sections with small overlaps. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6' x 9" black and Mite photographic prints are available for any photographs or illustratims appearing in this copy for an additional charge. Contact UMI directly to order. Bell 8 Howell Information and Leaning 300 North Zeeb Road, Ann Arbor, MI 48106-1346 USA 800-521-0600 "WE ARE FAMILY'?": THE STRUGGLE FOR SAME-SEX SPOUSAL RECOGNITION IN ONTARIO AND THE CONUNDRUM OF "FAMILY" lMichelIe Kelly Owen A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education of the University of Toronto Copyright by Michelle Kelly Owen 1999 National Library Bibliothiique nationale l*B of Canada du Canada Acquisitions and Acquisitions et Bibliographic Services sewices bibliographiques 395 Wellington Street 395.
    [Show full text]
  • Mothering and Work/ Mothering As Work
    A YORK UNIVERSITY PUBLICATION MOTHERING AND WORK/ MOTHERING AS WORK Fallminter 2004 Volume6, Number 2 $15 Featuring articles by JaneMaree Maher, Debra Langan, Lorna Turnbull, Merlinda Weinberg, Alice Home, Naomi Bromberg Bar-Yam, Chris Bobel, Kate Connolly, Maryanne Dever and Lise Saugeres, Corinne Rusch-Drutz, Orit Avishai, Susan Schalge, Kelly C. Walter Carney and many more ... Mothering and Work/ Mothering as Work FalVWinter 2004 Volume 6, Number 2 Founding Editor and Editor-in-Chief Andrea O'Reilly Advisory Board Patricia Bell-Scott, Mary Kay Blakely, Paula Caplan, Patrice DiQuinzio, Miriam Edelson, Miriam Johnson, Carolyn Mitchell, Joanna Radbord, Sara Ruddick, Lori Saint-Martin Literary Editor Rishma Dunlop Book Review Editor Ruth Panofsb Managing Editor Cheryl Dobinson Guest Editorial Board Katherine Bischoping Deborah Davidson Debra Langan Andrea O'Reilly Production Editor Luciana Ricciutelli Proofreader Randy Chase Association for Research on Mothering Atkinson Faculty of Liberal and Professional Studies, 726 Atkinson, York University 4700 Keele Street, Toronto, ON M3J 1P3 Tel: (416) 736-2100 ext. 60366 Email: [email protected]; Website: www.yorku.ca~crm TheJournal of the Association for Research on Mothering (ISSN 1488-0989) is published by The Association for Research on Mothering (ARM) The Association for Research on Mothering (ARM)is the first feminist organization devoted specifically to the topics of mothering and motherhood. ARM is an association of scholars, writers, activists, policy makers, educators, parents, and artists. ARM is housed at Atkinson College, York University, Toronto, Ontario. Our mandate is to provide a forum for the discussion and dissemination of feminist, academic, and community grassroots research, theory, and praxis on mothering and motherhood.
    [Show full text]
  • Phd Thesis Entitled “A White Wedding? the Racial Politics of Same-Sex Marriage in Canada”, Under the Supervision of Dr
    A White Wedding? The Racial Politics of Same-Sex Marriage in Canada by Suzanne Judith Lenon A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of Sociology and Equity Studies in Education Ontario Institute for Studies in Education of the University of Toronto © Copyright by Suzanne Judith Lenon (2008) A White Wedding? The Racial Politics of Same-Sex Marriage in Canada Doctor of Philosophy, 2008 Suzanne Judith Lenon Department of Sociology and Equity Studies in Education University of Toronto Abstract In A White Wedding? The Racial Politics of Same-Sex Marriage, I examine the inter-locking relations of power that constitute the lesbian/gay subject recognized by the Canadian nation-state as deserving of access to civil marriage. Through analysis of legal documents, Parliamentary and Senate debates, and interviews with lawyers, I argue that this lesbian/gay subject achieves intelligibility in the law by trading in on and shoring up the terms of racialized neo-liberal citizenship. I also argue that the victory of same-sex marriage is implicated in reproducing and securing a racialized Canadian national identity as well as a racialized civilizational logic, where “gay rights” are the newest manifestation of the modernity of the “West” in a post-9/11 historical context. By centring a critical race/queer conceptual framework, this research project follows the discursive practices of respectability, freedom and civility that circulate both widely and deeply in this legal struggle. I contend that in order to successfully shed its historical markers of degeneracy, the lesbian/gay subject must be constituted not as a sexed citizen but rather as a neoliberal citizen, one who is intimately tied to notions of privacy, property, autonomy and freedom of choice, and hence one who is racialized as white.
    [Show full text]
  • Canada-SOGI Legislation Country Report-2013
    CANADA/ONTARIO – SOGI LEGISLATION COUNTRY REPORT PRODUCED: DECEMBER 2012 Please note: This document was prepared by law students and highlights publicly- accessible information about legislation available at the time it was prepared. It is not exhaustive, nor is it updated on a regular basis. The information provided here is not a substitute for legal advice or legal assistance, and the International Human Rights program at the University of Toronto Faculty of Law cannot provide such advice or assistance. Summary Jurisdiction in Canada is divided between Federal and Provincial levels of government. The examples of Ontario legislation provided are illustrative, and not necessarily representative of Provincial legislation across the country. Federal Section 15 of the Canadian Charter of Rights and Freedoms lists a number of prohibited grounds of discrimination (section 15(1): “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”). While section 15 does not explicitly include sexual orientation, the Supreme Court of Canada has held that sexual orientation is an “analogous ground” akin to the enumerated ones (Egan v Canada [1995] 2 SCR 513). “Sexual orientation” is explicitly listed as a prohibited ground of discrimination under federal human rights legislation (Canadian Human Rights Act). Speech that wilfully promotes hatred based on sexual orientation is criminalized (Criminal Code). Proof that an offence was motivated by bias based on sexual orientation is an aggravating factor at sentencing (Criminal Code).
    [Show full text]
  • M. V H. [1999] 2 S.C.R. 3 1) Reference Details Jurisdiction: Supreme Court
    M. v H. [1999] 2 S.C.R. 3 1) Reference Details Jurisdiction: Supreme Court of Canada Date of Decision: 20 May 1999 Status: Concluded Full Link to Case: http://scc.lexum.umontreal.ca/en/1999/1999rcs2-3/1999rcs2-3.html 2) Facts The appellant, the Attorney General, appealed against a decision of the Court of Appeal of Ontario which upheld a decision that s. 29 of the Family Law Act 1990 (the Family Law Act) infringed the equality rights provision in s. 15(1) of the Canadian Charter of Rights and Freedoms (the Charter) and that the violation could not be justified by s. 1 of the Charter. The Court further upheld the lower court’s declaration that the words “man and woman” were to be read out of the definition of “spouse” in s. 29 of the Act and replaced with the words “two persons”. The decision arose following the breakdown of a same-sex relationship between two women, financially interdependent, H and M. Following the end of their relationship, M had sought financial relief including support pursuant to the Family Law Act and had challenged the validity of the definition of “spouse” in s. 29 of the Act which included married persons or cohabiting couples of the opposite sex. Section 1(1) of the Act defined “cohabit” as “to live together in a conjugal relationship, whether within or outside marriage”. 3) The Law • Sections 1 (rights and freedoms in Canada) of the Canadian Charter of Rights and Freedoms and 15 (equality rights) of the Canadian Charter of Rights and Freedoms; • Section 29 of the Family Law Act 1990.
    [Show full text]
  • How Constitutional Litigation Has Advanced Marriage Equality in the United States
    ARTICLES BACKLASH POLITICS: HOW CONSTITUTIONAL LITIGATION HAS ADVANCED MARRIAGE EQUALITY IN THE UNITED STATES WILLIAM N. ESKRIDGE JR.* INTRODUCTION ...................................................... 276 I. COURTS AND THE STRUGGLE FOR MARRIAGE EQUALITY, 1970- 2012 ................ ........... .................... 279 A. Stage 1, Uphill Struggles: 1970-1996 ......................................... 282 B. Stage 2, Politics ofRecognition Breaks Through: 1996- 2 0 08 ............................................................................................. 2 85 C. Stage 3, From Backlash Toward Normal Politics: Post- 2008........................... ............ 288 II. THE POLITICS OF BACKLASH ............................. 292 A. The Politics ofDisgust: Backlash Triumphant, 1993-1996......... 296 B. Identity Politics: Backlash Subsides, 2000-2004......................... 300 C. Normal Politics: Beyond Backlash, 2009-2013........................... 306 III. How CONSTITUTIONAL LITIGATION HAS ADVANCED MARRIAGE EQUALITY INTHE UNITED STATES .................... ..... 309 A. The TransformationofPolitics: Agenda-Setting, Reversing the Burden oflnertia, and CreatingConditions for Falsificationof Stereotypes......................................................... 310 1. A genda Setting...................................................................... 310 2. Reversing the Burden of Inertia............................................. 312 3. Creating Conditions for Falsification of Stereotypes. ........... 314 B. The Transformation of Social
    [Show full text]
  • The Illusory Rights of Marvin V. Marvin for the Same-Sex Couple Versus the Preferable Canadian Alternative--M
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by California Western School of Law California Western Law Review Volume 38 Number 2 Article 10 2002 The Illusory Rights of Marvin v. Marvin for the Same-Sex Couple versus the Preferable Canadian Alternative--M. v. H. Sharmila Roy Grossman Follow this and additional works at: https://scholarlycommons.law.cwsl.edu/cwlr Recommended Citation Grossman, Sharmila Roy (2002) "The Illusory Rights of Marvin v. Marvin for the Same-Sex Couple versus the Preferable Canadian Alternative--M. v. H.," California Western Law Review: Vol. 38 : No. 2 , Article 10. Available at: https://scholarlycommons.law.cwsl.edu/cwlr/vol38/iss2/10 This Comment is brought to you for free and open access by CWSL Scholarly Commons. It has been accepted for inclusion in California Western Law Review by an authorized editor of CWSL Scholarly Commons. For more information, please contact [email protected]. Grossman: The Illusory Rights of Marvin v. Marvin for the Same-Sex Couple v THE ILLUSORY RIGHTS OF MARVIN v. MARVIN FOR THE SAME- SEX COUPLE VERSUS THE PREFERABLE CANADIAN ALTERNATIVE - M. v. H. Sharmila Roy Grossman' INTRODUCTION It has been my good fortune to know and befriend an individual named Charlie. He lives in California and is thirty-five years old. At the age of twenty-four, he acquired a very lucrative job doing exactly what he loved, writing. He excelled, writing several published pieces while his salary climbed quickly. At the age of twenty-eight, he shocked those who knew him when he left his dream job and moved to Sacramento, California.
    [Show full text]
  • My Friend Nancy Rosenberg Said It Best: “We Don't Have a Right to Be
    Dialogues Contemporary Challenges to Feminist Advocacy (part two) Jenéa Tallentire Here is the second half of our round of Dialogues coming out of the University of Victoria Association for Women and the Law (UAWL) conference in March 2007 in Victoria, British Columbia. (See our Summer 07 issue for the first half of this group of papers, featuring Susan Boyd on current challenges in family law, and Gerry Kilgannon’s look at the activities of Women Elders in Action.) In this issue, we are very pleased to offer barbara findlay’s excellent keynote to the conference, “Ruminations of an Activist Queer Lawyer,” as well as Habiba Zaman's commentary on immigrant accreditation in the Canadian context. Enjoy! 68 Dialogues Ruminations of an Activist Queer Lawyer barbara findlay Since I was invited to write this article, based on my March 2007 keynote at the UAWL conference, the Vancouver Rape Relief Society has launched a judicial review in the decision of the B.C. Human Rights tribunal in Nixon v Rape Relief (2002). So instead of doing a traditional case comment, I am going to revisit the case as a lawyer/activist and, in the process, reflect on the law’s construction of human rights. I will begin by locating myself in the discussion because we must always, I think, locate ourselves in the discussion. It’s not that my experience is the touchstone of truth. But if a proffered truth cannot explain my experience, I doubt it is ‘truth.’ And I have found that if I am not explicit about my location in relation to a question, I am less likely to find a workable truth.
    [Show full text]
  • Egale V. Canada
    £GALE V. CANADA 963 DEFINING MARRIAGE, STEP ONE: EGALE V. CANADA JULIE C. LLOvo· I. INTRODUCTION The decision of Justice Pitfield of the Supreme Court of British Columbia in EGA LE v. Canada1 is the first of what is likely to be many decisions on same-sex marriage emerging from Canadian courts in the next few years. Many interested onlookers assumed that the issue would be resolved under the Canadian Charter of Rights and Freedoms. 2 The decision, however, considered the application of the Charter only in the alternative. The ratio arose from an interpretation of the Constitution Act, l 867. 3 II. THE FACTS Seven same-sex couples applied to the Director of Vital Statistics for the Province of British Columbia for a marriage licence. The Marriage Ad is drafted in gender-neutral terms and contains no express requirement of heterosexuality. The Director declined to issue licences to the petitioners because in his view the federal common law governing the capacity to marry did not include marriage between two persons of the same sex. The couples were joined by Equality for Gays and Lesbians Everywhere ("EGALE") Canada and petitioned the court for declaratory relief and for an order requiring the Director to issue the licences. III. THE DECISION Justice Pitfield denied the petitioners' application. He found that while the term "marriage" was not defined in any federal statute, the term had been conclusively defined at common law and in the public consciousness prior to the enactment of the Constitution Act, 1867. That "marriage" had been defined was demonstrated by the House of Lords decision in Hyde v.
    [Show full text]
  • Sexual Orientation and the Charter: the Achievement of Formal Legal Equality (1985-2005) and Its Limits
    Sexual Orientation and the Charter: The Achievement of Formal Legal Equality (1985-2005) and Its Limits Robert Wintemute* Canada is one of the leading countries in the world in the À cause de ses fortes garanties juridiques contre la strength of its legal protection against sexual orientation discrimination fondée sur l’orientation sexuelle, et à cause de discrimination and in the progress it has made toward securing ses avancées vers la reconnaissance de l’égalité des droits et des equal rights and opportunities for its lesbian, gay, and bisexual chances pour sa minorité lesbienne, gaie et bisexuelle (LGB), le (“LGB”) minority. The author details the achievement of Canada fait figure de chef de file dans le monde. L’auteur formal legal equality through the courts’, particularly the retrace l’histoire de l’atteinte de l’égalité formelle par le biais Supreme Court of Canada’s, Charter decisions since section 15 des tribunaux, et s’attarde plus précisément sur les décisions de (the equality provision) of the Charter first became effective. He la Cour suprême sur la Charte des droits et libertés de la focuses on the topics of criminal law, employment, unmarried personne depuis l’entrée en vigueur de son article 15. Il se same-sex couples, LGB parenting, and civil marriage for same- concentre sur le droit criminel, l’emploi, les couples de même sex couples. By canvassing the landmark cases in these areas, sexe non mariés, l’homoparentalité et les mariages civils des he examines the Charter dialogue between the courts and couples de même sexe. Dans son examen des arrêts marquants legislatures and the political results of these equality decisions.
    [Show full text]
  • M V. H: Time to Clean up Your Acts
    Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 1999 M v. H: Time to Clean Up Your Acts Brenda Cossman Osgoode Hall Law School of York University Bruce Ryder Osgoode Hall Law School of York University, [email protected] Source Publication: Constitutional Forum. Volume 10, Number 3 (1999), p. 59-64. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Cossman, Brenda, and Bruce Ryder. "M v. H: Time to Clean Up Your Acts." Constitutional Forum 10.3 (1999): 59-64. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. M v. H: TIME TO CLEAN UP YOUR ACTS Brenda Cossman and Bruce Ryder In the 1990s, the Supreme Court of Canada twice THE MAJORITY'S RULING found ways to avoid dealing with the implications of anti-discrimination law for the rights of gay and lesbian By an 8-1 majority, the Court held in Mv. H that couples. In Mossop,' a majority of the Court fashioned a section 29 of the Ontario Family Law Act7 discriminated ruling that amounted to a postponement of an on the basis of sexual orientation by excluding lesbians engagement with the question of whether the law 2 and gay men from the right to seek spousal support from requires the recognition of gay family status.
    [Show full text]
  • The Case for Legal Recognition of Same-Sex Marriage, 8 J
    Journal of Law and Policy Volume 8 | Issue 1 Article 2 1999 The aC se for Legal Recognition of Same-Sex Marriage Pamela S. Katz Follow this and additional works at: https://brooklynworks.brooklaw.edu/jlp Recommended Citation Pamela S. Katz, The Case for Legal Recognition of Same-Sex Marriage, 8 J. L. & Pol'y (1999). Available at: https://brooklynworks.brooklaw.edu/jlp/vol8/iss1/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Journal of Law and Policy by an authorized editor of BrooklynWorks. THE CASE FOR LEGAL RECOGNITION OF SAME-SEX MARRIAGE Pamela S. Katz* INTRODUCTION Gay and lesbian unions have been treated like an "elephant in the living room" by our law-making institutions. Everyone knows that they exist-their children are in schools, their deeds are recorded in county offices, their domestic partnership certificates are filed with local clerks, and their battles over custody, visitation and property distribution are witnessed in the courts-yet, every state has refused to recognize gay and lesbian unions, and instead our legislatures and courts skirt around their perimeter. As a result, our legal system has created a patchwork of rules and rights applicable to couples of the same-sex and their children that often vary depending on the county, city, or judicial district in which they reside, or the institution at which they are employed. This inconsistent body of law creates instability, uncertainty and chaos, conditions which are unacceptable in a nation where due process and liberty are paramount values.
    [Show full text]