The respondent sought a survivor's pension under the Canada Pension Plan after her former common law partner died.
She had ended the relationship permanently prior to his death.
Her application was denied because she did not meet the definition of 'spouse', which required common law partners to be cohabiting at the time of death.
She argued this violated her equality rights under s. 15(1) of the Charter based on marital status, comparing herself to separated married spouses.
The Supreme Court of Canada allowed the Minister's appeal, holding that the correct comparator group was divorced spouses, not separated married spouses.
Since former common law spouses and former married spouses are both denied survivor's pensions, there was no discrimination.
