The Supreme Court of Canada decided in 1995 that lesbians and gay men are protected under the equality provisions of the Charter of Rights. Because the Charter is part of the constitution of Canada, any law which violates the Charter equality guarantee can be struck down as unconstitutional
M and H were a lesbian couple who both lived together and ran a business together. When they broke up, H took everything, leaving M with nothing. M argued successfully in the Supreme Court of Canada that laws protecting heterosexual partners when they break up must also extend to same sex partners. Because of this decision, M was able to make a claim for spousal maintenance against H. (In B.C., lesbians and gay men are entitled to or obliged to pay spousal maintenance if their relationship is longer than 2 years and if one of them is financially dependent on the other when they break up).
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