Falkiner v Ontario

Question 1

Why is this case important?

Answer 1

Because it discussed differential treatment resulting from facially neutral legislation and the application of the Corbiere test to determine whether social assistance recipiency is an analogous ground

Question 2

How did the system work?

Answer 2

Social assistance was delivered to individuals or couples:

• individuals had their needs and means assessed individually
• ppl in a spousal relationship had their needs assessed together

Question 3

What is the definition of a spouse in this legislation?

Answer 3

particularly important is s1.1(d)(iii), which states a spouse is when:

the person and applicant have a mutual agreement or arrangement regarding their financial affairs, and the social and familial aspects of the relationship between the person and the applicant or recipient amount to cohabitation

Question 4

What was the basis of the claim?

Answer 4

The respondents claim they have been treated unequally on the basis of the personal characteristic of being social assistance recipients. Single ppl who are not on social assistance are gree to have these relationships without attracting state imposed financial consequences.

Also claim they have been treated unequally on the basis that they are women, and in particular single mothers