New SCC decision on economic rights in the family

On January 25th, 2013, the Supreme Court of Canada ruled that not extending spousal support and the division of property upon relationship breakdown to common-law couples, or de facto spouses, is constitutional. The case of Quebec (Attorney General)v. A, otherwise known as “Eric” v. “Lola”, involves a heterosexual couple in Quebec who lived together for […]

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Supreme Court of Canada Allows Discrimination Against Women: NAPE v Newfoundland

On October 24, 2004, the Supreme Court of Canada ruled that because of an alleged impending ‘fiscal crisis’, the Government of Newfoundland and Labrador had the right to back out of an agreement to correct discriminatory wages for women health care workers. This amounts to a special tax on Newfoundland women! NAWL, in collaboration with […]

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Supreme Court Decision Gives Some Mothers Reason to Celebrate

Twenty years after the Charter’s equality guarantee came into effect, the Supreme Court of Canada breathed some life into the concept of substantive equality as it pertains to bearing and caring for children. We might even look at this decision as coming full circle, back to 1989 when the Court first pronounced in Brooks v. […]

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The Québec Appeal Court decision on the Constitutionality of Maternity and Parental Benefits as Employment Insurance Benefits

Aside from federal/provincial division of powers arguments, the Québec Appeal Court decision raised some important questions about maternity and parental benefits. The Court saw motherhood as an individual choice and therefore an individual responsibility. At NAWL, we think that society as a whole benefits from the work mothers (and increasingly, fathers) do raising children. The […]

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Commentary on Canada (Attorney General) v. Lesiuk

Cet article est disponible uniquement en anglais. Before becoming known by a section 15 Charter case bearing her name, Kelly Lesiuk was a registered nurse, and worked part-time in Brandon, Manitoba. She and her husband had a small child, and she was the primary caregiver. In 1997, her husband obtained employment in Winnipeg. Although they […]

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Spousal Support and Pension Income in the Case of Boston v. Boston

Cet article est disponible uniquement en anglais. Based on a LEAF press release (July 12, 2001, online at http://www.leaf.ca) This past July, the Supreme Court of Canada released its decision in the Ontario case of Boston v. Boston ([2001] SCJ No. 45, QL). The ruling addresses the issue of whether a pension income can be […]

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New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] S.C.J. No. 47 (QL) – Case Comment

New Brunswick (Minister of Health and Community Services) v. G. (J.), [1999] S.C.J. No. 47 (QL) – Case Comment Nouveau Brunswick (Ministre de la Santé et des Services communautaires) c. G. (J.) [1999] J.C.S. No. 47 (QL) – Commentaire Thanks in part to the efforts of the interveners NAWL, LEAF and the Disabled Womens’ Network […]

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