M. v. H., [1999] 2 S.C.R. 3
Why does this case matter:
This is a significant case in Canadian legal history regarding the issue of spousal support in regards to same-sex relationships. The case was heard by the Supreme Court of Canada in 1999 and as a result of its ruling significant recognitions regarding same-sex couples were made.
Background:
Case involves two women who went by the initials, M and H for privacy. The two had been in a same sex relationship for several years and throughout their marriage had lived in the same home for many years similar to that of a married couple. At the time this case was brought forth same-sex marriage was not yet legal.
Issue:
The legal issue here is whether a person in a same-sex relationship is entitled to spousal support or not, even though they are not legally married, given they could not be. The case therefore additionally brings up the question of the laws surrounding same-sex marriage and how laws should be applied to it in regards to finances and so on.
Procedure;
M brought this case to court given they claimed they deserved spousal support from H given their relationship had ended.
The Supreme Court of Canada ruled in favour of M and their request for spousal support. This was given the fact that same-sex couples who are living in a marriage-like relationship should be entitled to the same financial laws as married couples, even given the legal absence of marriage.
Significance:
The reason this case stands to be so significant is given as a result of this the SCC was claiming that both heterosexual and homosexual couples were to be treated equally under the law despite the lack of legal marriage accessible to them. This marked a significant step towards the future legalisation of same-sex marriage which was legalised 6 years later and the development of LGBTQ+ rights in Canada. This case furthermore developed important precedents for legalities surrounding this community.
Sources
Supreme Court of Canada. (1995, May 21). M. v. H. - SCC cases. Decisions and Resources - SCC Cases. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1702/index.do
Link to original document
Comments