For Immediate Release September 1, 1992 (Toronto) In a decision released today, an independent Board of Inquiry appointed under the Ontario Human Rights Code ordered the Ontario government to extend survivor benefits under its pension plan to the spouses of gay and lesbian employees. A majority of the three person Board of Inquiry found that the denial of spousal benefits, while permitted due to the definition of "marital status" in the Ontario Human Rights Code as requiring a partner of the opposite sex, nonetheless violated the equality guarantee in the Charter [The Canadian Charter of Human Rights and Freedoms]. The third member of the panel found the denial of benefits to be a violation of the Code itself. Chief Commissioner Catherine Frazee stated that, "The Board's decision represents a strong recognition and affirmation of gay and lesbian spousal rights. It is a significant step towards achieving full equality for gays and lesbians in this province. We urge the government of Ontario to move quickly to amend provincial legislation to recognize that that gay and lesbian spousal relationships are of equal status and worth to heterosexual ones." The provincial government was order by the Board to immediately extend to gay and lesbian couples the same options and benefits under the pension plan as are now available to heterosexual couples. The Board also found that the provincial goverment had been "laggard" in pursuing the federal government to amend the Income Tax Act. It directed the Commission to monitor the province's efforts to lobby for reform. The case decided today was first brought to the Commission in 1988 by Michael Leshner, a lawyer working for the Ministry fo the Attorney General. Mr. Leshner filed his complaint after being told that his spouse of over seven years was not covered under the government's dental and health insurance plans. Mr. Leshner was also told that his spouse would not be eligible to receive any survivor benefits under the government's pension plan. Effective January 1, 1991, the government extended health and dental insurance coverage to the spouses of employees with same sex partners. However, the government claimed that the provisions in the Federal Income Tax Act prevented a similar extension of survivor benefits under the pension plan. Further Information Alan Shefman, Director, Communications and Education Ontario Human rights Commission 12th Floor, 400 University Avenue Toronto, Ontario M7A 2R9 (416) 314-4634 I attended the press conference today; I am a friend of Michael's. Let me give you some additional information. - the Ontario Human Rights Code was changed in 1986 to prohibit discrimination on the basis of sexual orientation in employment, housing and services. Unfortunately the definition of "marital status" still allowed for discrimination in many areas. - effective 11:54 EDT, the Ontario Human Rights Code has been changed to reflect a new definition of "marital status" to include same sex spouses - this change affects 79 other statutes in the province of Ontario, dealing with rights of visitation in cases of illness, pension benefits in the private sector, etc. We won! Today is a day to be very proud that in Ontario, we live in a Province where discrimination is not tolerated under law, and that we have a system to change the law *that works*. -- Owen Plowman Oracle Corporation Canada Director, Core Technology Marketing 40 King Street West Suite 4900, Box 117 (416) 866-8062 x. 250 Toronto, Ontario (oplowman@ca.oracle.com) M5H 3Y2