Gays, lesbians win pension decision
Denying retroactive CPP benefits to widowed gays unconstitutional, court rules
FROM CANADIAN PRESS
Denying retroactive same-sex benefits to widowed gays and lesbians violates their rights and is unconstitutional, Ontario's highest court ruled today.
In a strongly worded ruling, the Appeal Court sided with a landmark lower-court decision that the federal government should not have refused backpayments now estimated at as much as $80 million when it extended equality rights to same-sex couples in 2000.
"Excluding many of those who were intended to be included is not rationally connected to the objective of the law, which is to end the discriminatory exclusion of same-sex partners from CPP benefits," the court said in its written ruling.
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