| Canada (attorney General) V. Mossop |
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Information AboutCanada (attorney General) V. Mossop |
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BACKGROUND Brian Mossop, a gay man from Toronto, sought breavement leave from his employer in the federal government to attend the funeral of his same-sex partner's father. His employer denied him leave on account of his partner was not "immediate family". Mossop took his employer before the Canadian Human Rights Commission , o nthe grounds that their denial constituted discrimination. He argued that sexual orientation is a prohibited ground of discrimination as it fell in the category of "family status" under section 3 of Canadian Human Rights Act . The Supreme Court dismissed Mossop's appeal. OPINION OF THE COURT The majority held that absent a Charter challenge of the Human Rights Act there was no grounds for a claim. Alone in dissent Justice L'Heureux-Dube found that there was basis to read-in sexual orientation into family status. She argued that the meaning of family should be read purposively and that given the growing number of non-traditional families there is a need to reconsider its meaning in light of these changes. AFTERMATH Despite the disimissal of his appeal Mossop declared the decision a success as it opened up a national debate on gay rights. Didi Herman "Rights of Passage", p.60 SEE ALSO NOTES EXTERNAL LINKS |
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