To delve into a historical event from over two decades ago, let’s rewind to February 2000. Following the Supreme Court’s ruling in May 1999, the Liberal Party introduced Bill C-23, known as the Modernization of Benefits and Obligations Act. This legislation aimed to afford same-sex partners who had cohabited for over a year the same legal rights and responsibilities as common-law partners.

At the heart of this initiative was the landmark “M v. H” case, featuring two women from Toronto who had shared a life for over a decade. “M” initiated a spousal support claim against “H” after their separation in 1992, invoking Ontario’s Family Law Act. However, the Act defined “spouse” strictly as a union between a man and a woman cohabiting for a minimum of three years, excluding same-sex partnerships. The court, invoking the Charter of Rights and Freedoms, ruled to replace “a man and woman” with “two persons.”

Bill C-23 received parliamentary approval on April 11, with a decisive vote of 174 to 72. The law extended to same-sex common-law couples the same social and financial benefits enjoyed by heterosexual couples. It impacted 68 federal statutes, spanning areas such as tax deductions, bankruptcy laws, pension entitlements, and provisions within the Criminal Code. However, while the definition of “common-law relationship” was broadened to encompass same-sex partnerships, the terms “marriage” and “spouse” remained unaltered.