Nova Scotia (Attorney General) v. Walsh
Encyclopedia
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. 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.
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...
on 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...
and matrimonial property. The Court held that the Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
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
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 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
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
which provides similar rights as married couples.