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Canada:
Canadian Court Affirms Pension Claim The Data Lounge Editorial
TORONTO - An Ontario court ruled in favor of a class-action pensions claim made on behalf of gay and lesbian couples in the province on Friday, in the latest legal victory for Canada's gay and lesbian community. In the historic decision, Justice Ellen Macdonald ruled that Ottawa discriminated against gay men and women by denying them pension and death-related benefits before 1998. If unchallenged, the ruling by the Ontario Superior Court means that as many as 2,000 gay Canadians will receive a total of about $100 million in payments made retroactive to April 1985. Lead defense lawyer Douglas Elliott says that moving the pension claim to 1985 is hugely significant because of the number of gay people who died of AIDS during that decade. "This is the first class-action decision awarding compensation to gays and lesbians for discrimination anywhere in the world," he told the CBC. The federal government has 30 days to file an appeal. The decision, which affects Canada Pension Plan benefits, does not apply to Quebec, which has its own plan. Dawna Ring who represented Nova Scotians in the lawsuit said she hopes that newly sworn-in Prime Minister Paul Martin will let Friday's judgment stand. "We hope that Mr. Martin will not choose to have federal government lawyers, paid for out of taxpayers' dollars, fighting against the people of Canada," Ring said. "Do the right thing and treat these Canadians as equals under the constitution of Canada."
Copyright
© 2002 Global Action on Aging |
