Citations 2002 SCC 83 Concurrence Gonthier J Ruling court Supreme Court of Canada | Docket No. 28179 Docket number 28,179 People also search for Miron v Trudel | |
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Full case name The Attorney General of Nova Scotia v Susan Walsh and Wayne Bona Prior history APPEAL from Walsh v. Bona 2000 NSCA 53 (19 April 2000), setting aside 1999 CanLII 2170 (20 July 1999) Majority Bastarache J, joined by McLachlin CJ and Iacobucci, Major, Binnie, Arbour and LeBel JJ | ||
Nova Scotia (AG) v Walsh, [2002] 4 S.C.R. 325 is a leading case decided by the Supreme Court of Canada on section 15 of the Canadian Charter of Rights and Freedoms and matrimonial property. The Court held that the Nova Scotia Matrimonial Property Act, which excluded unmarried cohabitating couples, was not in violation of the section 15 equality guarantee.
Susan Walsh and Wayne Bona were cohabitating together for over 10 years. Walsh attempted to get spousal and child support under the Act by applying the recognize their cohabitation as a "spousal" relationship.
On the section 15 analysis it was determined that marital status was an analogously protected ground. On final step of analysis the court rejected the argument that the exclusion was discriminatory. The difference between the two groups reflects the difference of the relationships and respects the individual autonomy of the parties.
Before the final decision was released the Nova Scotia government amended the Vital Statistics Act to include the option to register a domestic partnership which provides similar rights as married couples.