Family Status, Sexuality and “the Province of the Judiciary”: The Implications of Mossop v. A.-G. Canada

ID:	HARP-316
Title:	Family Status, Sexuality and “the Province of the Judiciary”: The Implications of Mossop v. A.-G. Canada
Source:	Windsor Yearbook of Access to Justice, 1993, 13, 3-38
Parties:
Dispute Resolution Organ:
Year:	1993
Pages:	0
Author(s):
Keywords:	anti-discrimination, Canada, court, employment, human rights, law, homosexual marriage/homosexual relationship, gay/lesbian rights, Supreme Court
Abstract:	The Canadian Supreme Court decision in Mossop v. A.-G. Canada amounts to a postponement of, rather than a precedent on, the issue of the exclusion of gay & lesbian families from employment benefits. It is argued that the Court managed to avoid the issue by departing from its well-established tradition of giving generous, dynamic, & purposive interpretations to human rights statutes. The accuracy of the Court’s assertion of superior judicial expertise on antidiscrimination law is questioned. In the area of gay rights, Supreme Court justices have been disinclined to take on the responsibilities that such expertise ought to entail.
Secured:	False
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