LEAF submits that the heterosexual definition of spouse ins. 29 of the Family Law Act R. S.O. 1990 c. F .3 completely denies lesbians who otherwise meet the tl:1reshoid criteria to apply for a support award. The effect of this denial violates lesbians' right to equal benefit and protection of the law contrary to s. 15(1) of the Charter, and cannot be justified under s.1 of the Charter.
Supreme Court of Canada
Case 2 SCR 3
Docket Number 25838
Factrum of the Intervenor: Women's Legal Education and Action Fund, Carol Allen (solicitor), Carole Brown (agent), and Scott & Aylen.