Traduction de «same-sex partner relationship » (Anglais → Français) :

A key decision in the federal court in Moore and Akerstrom directed Treasury Board as the employer to extend benefits to same sex partners in the same manner as it did to opposite sex partners living in a common law relationship.

The formula by which the plan benefits are integrated with the CPP or the QPP will be changed in the plan member's favour; life insurance to ensure the government's pension package for its employees, in keeping with the opinions of the courts; the issue of survivors' benefits under the major plans, including the pension plans for members of parliament, will be amended to extend survivors' benefits to same sex partners on the same basis as survivors' benefits are now available to opposite sex partners in a common law ...[+++]relationships.

The Court has not yet been called upon to pronounce on this specific point, but it has previously held that as there is no consensus among the Member States whether same sex partners can be assimilated to spouses of a traditional marriage, it should be concluded that same sex spouses do not yet have the same rights as traditional spouses for the purposes of Community law on the free movement of workers [47].However, it should be noted that if a Member State accords advantages to its own nationals who live as non-married couples, under the principle of equal treatment in social advantages (see section 2.4 above) the same advantages must b ...[+++]e granted to migrant workers [48].

In the cases concerning these grounds, the CJEU has dealt with basic issues such as the prohibition of an employer’s general announcement to discriminate, the definition of disability, or the exclusion of same-sex partners from work-related benefits reserved for heterosexual couples.

In a sense, what this bill does is in accordance with the decision in the more recent Moore and Akerstrom case, where the Federal Court ruled that Treasury Board, as the employer, was to extend benefits to same-sex partners in the same manner as it did to opposite sex partners living in a common law relationship.

The CJEU has interpreted the boundaries of the ground of sexual orientation in a few landmark rulings such as Maruko and Römer [87], in which the CJEU concluded that, when national law placed persons of the same sex in a situation comparable to that of spouses, national rules denying same-sex life partners benefits which were paid to spouses came within the scope of the Directive.