Miron v. Trudel
Encyclopedia
Miron v. Trudel, [1995] 2 S.C.R. 418 is a famous Supreme Court of Canada
decision on equality rights under section 15
of the Canadian Charter of Rights and Freedoms
where the Court found "marital status
" was an analogous ground for discrimination
(i.e., a characteristic which cannot legally be the basis for discrimination under section 15). The Court held that an insurance benefit provided only to married couples discriminated against common-law couples
.
John Miron and Jocelyne Valliere were a common law couple. Miron suffered a car accident and attempted to claim the injuries under his partner's insurance policy. However, the Ontario Insurance Act provided that benefits were only available to spouses who were legally married.
Miron sued the insurance company arguing that he was discriminated against and that the Insurance Act violated section 15.
In a five to four decision the Court found that there was a Charter violation and that it could not be saved under section 1
of the Charter.
The finding that common law marriages are protected by section 15 was repeated in Nova Scotia (Attorney General) v. Walsh
(2002) and Hodge v. Canada (Minister of Human Resources Development) (2004). However, both these cases saw section 15 claims lose in the Supreme Court, as the justices decided that differential treatment based on marital status in these cases should not affect dignity
.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on equality rights under section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
where the Court found "marital status
Marital status
A person's marital status indicates whether the person is married. Questions about marital status appear on many polls and forms, including censuses and credit card applications.In the simplest sense, the only possible answers are "single" or "married"...
" was an analogous ground for discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
(i.e., a characteristic which cannot legally be the basis for discrimination under section 15). The Court held that an insurance benefit provided only to married couples discriminated against common-law couples
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
.
John Miron and Jocelyne Valliere were a common law couple. Miron suffered a car accident and attempted to claim the injuries under his partner's insurance policy. However, the Ontario Insurance Act provided that benefits were only available to spouses who were legally married.
Miron sued the insurance company arguing that he was discriminated against and that the Insurance Act violated section 15.
In a five to four decision the Court found that there was a Charter violation and that it could not be saved under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
of the Charter.
The finding that common law marriages are protected by section 15 was repeated in Nova Scotia (Attorney General) v. Walsh
Nova Scotia (Attorney General) v. Walsh
Nova Scotia 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...
(2002) and Hodge v. Canada (Minister of Human Resources Development) (2004). However, both these cases saw section 15 claims lose in the Supreme Court, as the justices decided that differential treatment based on marital status in these cases should not affect dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
.