In this thesis I start by reviewing the theoretical perspectives that have informed the debate
around equality rights for gays and lesbians. Next, I will analyze the concept of equality
developed by the Supreme Court of Canada under section 15 of the Canadian Charter of Rights
and Freedoms. In the Andrews case, decided in 1989, the Supreme Court of Canada rejected a
model based on formal equality, embracing instead the far-reaching concept of substantive
equality as a way to redress historical prejudice and disadvantage of individuals and groups that
fall within enumerated or analogous grounds of discrimination. In the last decade, a number of
courts have applied this model to equality claims brought under the Charter by same-sex
couples. I will explore the details of several of these cases as well as a variety of statutes
relating to same-sex couples. Finally, I will discuss recent law reform proposals that
recommend that state benefits should be allocated regardless of the relationship status of the
beneficiaries, thereby envisaging more radical changes to the legal system. I conclude that the
Canadian approach to equality for same-sex couples has followed an interpretive method that
seems to apply a definition of family that is shifting and varies on an ad hoc basis, but that the
denial of spousal status under marriage laws represents a limitation of equality rights still to be
overcome. I also conclude that, in fact, the concept of status may still influence the adjudication
process under section 15 of the Charter as far as marriage rights are concerned. This is
because the framework of analysis under section 15 calls for an assessment of the claimant's
position in the larger socio-political context, and this element, if not properly circumscribed,
risks being corrupted by existing prejudices and biases relating to family.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:BVAU.2429/12065 |
| Date | 05 1900 |
| Creators | Bonini-Baraldi, Matteo |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Relation | UBC Retrospective Theses Digitization Project [http://www.library.ubc.ca/archives/retro_theses/] |
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