Canada (Attorney General) V. Mossop - Background

Background

In 1985, Brian Mossop, a gay man from Toronto, sought bereavement leave from his employer, the Canadian federal government's Translation Bureau, to attend the funeral of his same-sex partner's father. His employer denied him leave under the collective agreement on the grounds that his partner was not "immediate family". Mossop took his employer before the Canadian Human Rights Commission. Sexual orientation was not a prohibited ground of discrimination at that time, so he argued that he had been discriminated against on the basis of his "family status", under section 3 of the Canadian Human Rights Act.

The Canadian Human Rights Tribunal found in his favour, but the government appealed to the Federal Court of Appeal and the favourable finding was overturned. Mossop appealed to the Supreme Court, but it upheld the finding of the Federal Court.

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