Sec15 and Same-Sex Rights

Question 1

What was the significance of Andrews v Ontario (Minister of Health) 1988? (not case of Andrews test)

Answer 1

Exclusion of homosexuals as spouses is not discriminatory because the court found that the term spouse did not include homosexual partners. He applied the pre-Andrews ‘similarly situated’ test and found that lesbians and gay men fail this test because of their inability to marry and procreate.

Question 2

Significance of Egan v Canada (1985) ?

Answer 2

held that sexuality was an analogue ground for discrimination

Question 3

Significance of Vriend v Alberta (1998).?

Answer 3

Court found that commission of sexuality as grounds for discrimination in the Albertan human rights code constituted discrimination. resulted in the writing in of that ground to make the human rights code constittuional