M v H

M v H
Supreme Court of Canada
Hearing: March 18, 1998
Judgment: May 20, 1999
Full case nameThe Attorney General for Ontario v. M. and H.
Citations[1999] 2 S.C.R. 3; 171 D.L.R. (4th) 577; 46 R.F.L. (4th) 32; 238 N.R. 179; AZ-50065792; E.Y.B. 1999-12460; J.E. 99-1064; [1999] S.C.J. No 23 (QL); 121 O.A.C. 1; [1999] A.C.S. no 23; 62 C.R.R. (2d) 1
RulingAppeal and cross-appeal dismissed, remedy modified
Holding
Section 29 of the Family Law Act is declared of no force or effect. The effect of that declaration is temporarily suspended for a period of six months.
Court membership
Chief Justice: Antonio Lamer
Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie
Reasons given
MajorityCory and Iacobucci JJ., joined by Lamer C.J. and L'Heureux-Dubé, McLachlin, and Binnie JJ.
ConcurrenceMajor J.
ConcurrenceBastarache J.
DissentGonthier J.

M v H [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of cohabiting same-sex couples to equal treatment under the law. The court found that the definition of spouse in section 29 of Ontario's Family Law Act, which extended spousal support rights to unmarried cohabiting opposite-sex couples but not same-sex couples, was discriminatory and therefore unconstitutional under section 15 of the Canadian Charter of Rights and Freedoms.