| 
| |
Advocacy News - Bad news
... no wait, good news after all November
30, 2004 Bad
news ... no wait, good news after all
Gays &
lesbians win survivor's benefits class action By
Kevin Bourassa and Joe Varnell "Nobody
gave us a gay and lesbian discount when we were paying into the CPP, so we should
not have a gay and lesbian discount when they're paying out of the CPP," said
Doug Elliott, the lead lawyer for the claimants."
The Toronto Star,
Nov. 27, 2004
| "Same-sex
survivors lose appeal for CPP benefits", said a headline of a report issued
by the dependable CBC (Nov. 26, 2004). "Gays and lesbians in Ontario are
not entitled to survivor's benefits under the Canada Pension Plan dating back
to 1985, Ontario's Court of Appeal ruled Friday." | "The
impairment of the rights of same-sex survivors cannot be said to be minimal. On
the contrary, it is significant ... it is also arbitrary." Court
of Appeal for Ontario,
Nov. 26, 2004 |
Various
media outlets incorrectly reported the outcome of this important decision last
Friday. The mistake was understable to anyone who scans the
court decision looking for a quick answer. Even the law firm representing
the surviving spouses thought they had lost. "Bad
news" read the subject line in an email from one of the lawyers at Roy
Elliott Kim O'Connor, the firm that led the class action. Thirty minutes later
we received another email. "Good news after all!" said the subject line. Our
hero Douglas Elliott was all smiles when we spoke with him at our
party the day after his victory. Another discriminatory practice of the Liberal
party government had been slapped down. | Trial
Impressions
by Ed Kotanen
Click
on images to enlarge sketches
  
   CPP
Trial:
Class
Member's Notes
by Jim Knoop |
"First,"
the court decision from Ontario's court of appeal said, "same-sex surviving
partners, by reason of their sexual orientation, were already a vulnerable group,
and one subject to stereotyping as a result of that orientation. They had the
same need for survivors' pensions as opposite-sex survivors. The denial of those
survivors' pensions, without any corresponding ameliorative benefit to a more
disadvantaged group, perpetuated the view that same-sex survivors  were
less worthy of recognition than opposite-sex survivors, when in fact same-sex
survivors were equally deserving of concern, recognition, and respect. Further,
the denial of pensions to same-sex surviving partners increased their vulnerability
and perpetuated such stereotyping. Finally, same-sex surviving partners were denied
recognition of both the emotional and financial loss resulting from the death
of their partners." The
court extended Canada Pension Plan coverage for surviving gay and lesbian partners
to April 17, 1985, the day the Canadian Charter
came into effect. Estates, however, of gays and lesbians who died waiting for
survivors' pensions were not awarded money by the courts. The
government has not announced whether it will appeal the decision to the Supreme
Court of Canada, however, the government still seems to be in denial. "The
case isn't about gay and lesbian rights," Canada's Justice Minister insists,
according to the Toronto Star (Nov. 27). Irwin
Cotler, a man unworthy of the title "Justice Minister", continues
to trash his undeserved former reputation as a human rights advocate. We have
previously reported how the media have perceived
his "painful" performance handling our marriage case as he places politics
above justice and expediency above human rights. He continues to disgrace himself
and his office, further demonstrating how corrupt his actions and judgment have
become. | History
of
the Widow's pension Originally
called the "widow's pension," the Canada Pension Plan was available to all widows
of deceased male contributors. Widowers were entitled to a pension, but only if
they were disabled at the time of their wives' deaths. 1965 | Creation
of Canada Pension Plan | 1966 | Commencement
of CPP | 1975 | All
men allowed to collect their late wives' pensions | 1987 | Common-law
partners recognized but same-sex couples expressly excluded. | 2000 | Canada
Pension Plan Act recognized same-sex couples, retroactively to 1998 |
|
Cotler
appears to lack a basic understanding of his portfolio. He seems unable to act
in accordance with our Charter, and he is apparently willing to lie to
Canadians. Fortunately, the courts engaged in the various marriage hearings and
this pension case are buying none of Cotler's crap should he continue to dish
it out during his ongoing fight against widows widowers and living, loving same-sex
couples.
|
