Canada (Attorney General) v. Hislop

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Canada (Attorney General) v. Hislop
Supreme Court of Canada
Hearing: May 16, 2006
Judgment: March 1, 2007
Full case name Attorney General of Canada v. George Hislop, Brent E. Daum, Albert McNutt, Eric Brogaard and Gail Meredith
Citations [2007] 1 S.C.R. 429, 2007 SCC 10
Docket No. 30755
Prior history Partial judgment against the Attorney General of Canada by the Court of Appeal for Ontario.
Ruling Appeal and cross-appeal dismissed.
Holding
Same-sex couples should be treated the same as opposite-sex couples when determining what law applies to a survivor's claim under the Canada Pension Plan.
Court Membership
Chief Justice: Beverley McLachlin
Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein
Reasons given
Majority LeBel and Rothstein JJ. (paras. 1-136), joined by McLachlin C.J. and Binnie, Deschamps, and Abella JJ.
Concurrence Bastarache J. (paras. 137-165)
Fish and Charron JJ. took no part in the consideration or decision of the case.

Canada (Attorney General) v. Hislop, 2007 SCC 10 is a leading decision of the Supreme Court of Canada on equality rights under section 15 of the Canadian Charter of Rights and Freedoms and the retroactivity of Charter remedies. The Court struck down provisions in the amended Canada Pension Plan on grounds that it discriminated against same-sex couples. The Act had been previously amended after the ruling in M. v. H..

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