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Nesbit Vs Canada Case Study

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Homosexual people have always been victimized for various reasons. It has been this way for several decades now and they were even persecuted during the second world war for no other reason but being out of the norm. It takes society a while to get used to new things and as generations change through time things that were once a taboo start becoming less and less strange. This is the case with the legalization of homosexual marriage, it now is just like heterosexual people getting married but in the past it was looked as a taboo. This is the case with the case of Egan and Nesbit vs. Canada, one of the common law partners in this relationship applied for spousal allowance since they together were making below-fixed level income and they were …show more content…
He was denied this right because N and his partner E “did not fall within the definition of ‘spouse’ which includes ‘a person of the opposite sex who is living with that person, having lived with that person for at least one year.” (Egan v. Canada) They were denied because they did not fit the definition of what was the norm back in 1995, the Canadian government said that they were not discriminating because they did not fit a certain description and that does not follow the rules of a democracy where everyone is treated the same. These two individuals are not being treated the same as everyone else in the country because of what they prefer as a partner. This country is a democracy where everyone is treated the same way, everyone has freedom and everyone lives under the Charter. But this particular individual's where discriminated and not granted the allowance they needed to live a worthy life and to be able to live the rest of their lives living comfortable in a country where everyone is supposed to feel the …show more content…
The definition of ‘spouse’ as someone of the opposite sex reinforces the stereotype that homosexuals cannot and do not form lasting, caring, mutually supportive relationships with economic interdependence in the same manner as heterosexual couples.” (Egan v. Canada p. 4) is wrong because they cannot dictate the love and affection homosexual couples have for each other. The court is also arguing that they cannot support each other economically like a heterosexual couple would but this is also wrong because in heterosexual marriages or common law partnerships there are partners that work all day long and provide for the other partner while they stay at home and take care of the household. Heterosexual couples can also be living together for the convenience and stability it provides but might not love each other as much as a homosexual partner would. Same-sex partners can be more affectionate to each other and their families than heterosexual partners, they can also both work the same amount of time and provide for their partners, which would mean that if one of the partner decides to retire and this would make the income of the partnership lower they would have the right to the same benefits as a heterosexual couple because they provided for the partnership. Like said before everyone riches a

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