Government to pay out for "gay" benefits.Toronto--Ontario Superior Court Justice Ellen MacDonald (a Catholic) ruled Dec. 19, 2003, that the federal government must pay survivor benefits to the partners of homosexuals and lesbians who died between 1985 and 1998. They will also be awarded interest on the payments retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question. A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a to 1992. The class-action suit Noun 1. class-action suit - a lawsuit brought by a representative member of a large group of people on behalf of all members of the group class action was described by lead counsel Douglas Elliott as a "gigantic gi·gan·tic adj. 1. Relating to or suggestive of a giant. 2. a. Exceedingly large of its kind: a gigantic toadstool. b. decision" which results in "tangible equality." Same-sex survivors were previously able to collect Canada Pension Plan The Canada Pension Plan (CPP) is a contributory, earnings-related social insurance program. It forms one of the two major components of Canada's public retirement income system, the other component being Old Age Security (OAS). benefits, provided their partner died after Jan. 1998. Judge MacDonald ruled that this part of the 2000 law discriminated against them because the equality clause of the Charter of Rights (Section 15) came into effect in 1985. The decision in the suit affects every province of Canada For other uses, see Provinces and territories of Canada and Ecclesiastical Province of Canada. The Province of Canada or the United Province of Canada was a in North America from 1841 to 1867. except Quebec which has its own pension plan. "Gay" advocate Elliott estimates that 1,500 homosexuals across the country will be eligible for the extended benefits and that this will cost the federal government $400 million in retroactive payments. The feds are reviewing the judgment, particularly from the angle of determining Parliament's right to set the date on which legislation becomes effective. The Justice Dept. has 30 days to appeal the decision. (Can Press, Dec, 19/03) |
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