Step Forward for Same Sex Couples

Settlements reached in two significant human rights cases involving same-sex couples are a step forward for Nova Scotia, says Wayne MacKay, executive director of the Nova Scotia Human Rights Commission.

"The settlements clearly send the message that all Nova Scotians must be treated fairly, regardless of their sexual orientation," said Mr. MacKay. "This is a victory for human rights in this province."

The two cases, though separate, are similar. In both cases, the surviving spouse in a same-sex relationship was seeking the pension benefits that the survivor in a heterosexual couple would expect to receive. In the settlement agreement, the civil service pension plan and the teachers' pension plan will pay benefits to surviving gay and lesbian partners as of July 1, 1998. As well, the government will pay medical premiums for surviving partners of teachers. In addition, general payments for past pension entitlements will be made to the two men who brought the complaints forward.

In the first complaint, filed under the Human Rights Act in 1995, Wilson Hodder alleged he had been discriminated against by the pension plan for civil servants administered by the province's Department of Finance.

In the second complaint, also filed in 1995, Grant MacNeil (now deceased) alleged the Department of Finance and the Nova Scotia Teachers Union didn't consider his same-sex partner to be his spouse under the Teachers' Pension Plan and the union's medical plan. Mr. MacNeil's partner, Paul Boulais, continued the complaint following Mr. MacNeil's death.

In 1991, Nova Scotia's Human Rights Act was amended so that discrimination based on sexual orientation is against the law.

"The Department of Finance and the Nova Scotia Teachers Union now have taken a sensible and constructive approach by agreeing to settle these cases," said Mr. MacKay. "The commission is pleased to have played a pivotal role in reaching this broad-based settlement which is of benefit to everyone."

Two boards of inquiry struck by the human rights commission were ready to begin hearings today, May 25, if settlements were not reached. A board of inquiry is a public hearing held before an independently appointed chair to decide, based on the evidence, if discrimination has taken place. A board is the final step in the human rights complaint process.