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Canada (AG) v Mossop
''Canada (AG) v Mossop'', () 1 SCR 554 was the first decision of the Supreme Court of Canada to consider equality rights for gays. The case is also significant as one of Justice L'Heureux-Dube's most famous dissents where she proposes an evolving model of the "family".
==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 partner is journalist and activist Ken Popert.〔Smith, Miriam Catherine. ''Lesbian and Gay Rights in Canada: Social Movements and Equality-Seeking, 1971-1995''. University of Toronto Press, 1999. ISBN 978-0802081971. p. 89.〕 His employer denied him leave under the collective agreement on the grounds that Popert 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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