Does a separation constitute a marital status under s. 15(1) of the Charter?
New Brunswick, Canada
The following excerpt is from Grover v. MacIntosh, 2001 CanLII 21692 (NB QB):
In Miron v. Trudel, 1995 CanLII 97 (SCC), [1995] 2 S.C.R. 418, 124 D.L.R. (4th) 693, McLachlin J., speaking for the majority, determined that marital status was an analogous group under s. 15(1) of the Charter. Rothstein J., in Collins v. Canada (supra), summarized his conclusions (at para. 31) by this statement: There is ample legal authority to conclude that being separated is a form of marital status and that marital status constitutes an analogous ground. See also Walsh v. Bona, supra, at p. 203.
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