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Hodge v Canada (Minister of Human Resources Development)
''Hodge v Canada (Minister of Human Resources Development)'', () 3 S.C.R. 357 was a decision by the Supreme Court of Canada regarding section 15 of the Canadian Charter of Rights and Freedoms. The Court found that in considering equality rights, comparator groups are needed to demonstrate that one has suffered differential treatment. Courts may reject the rights claimant's view as to what an appropriate comparator group would be.
==Background==
The case began with one Betty Hodge, who was involved in a common law marriage with a man named Mr. Bickell since 1972. Due to his alleged cruelties, she terminated the relationship in 1993. After an attempt to get back together in 1994, she ended the relationship once more. Ms. Hodge later testified in court that she meant for the second break-up to be ever-lasting. Mr. Bickell died later in 1994, and had no money. Ms. Hodge then applied for the Canada Pension Plan for a survivor's pension. This application was rejected, on the grounds that Ms. Hodge was not Mr. Bickell's spouse at the time of his death. Separated married people would have received the pension, but divorcees would not.
Common law marriage has been recognized as being equal to marriage under section 15 since ''Miron v. Trudel'' (1995). The rejection of Ms. Hodge's application was appealed to a Canada Pension Plan Review Tribunal in 1997. The tribunal held that the law was invalid because Ms. Hodge was denied a benefit for not living with Mr. Bickell for the full year up to his death. The Pension Appeals Board overturned this finding in 2000, noting that in requiring a year's residence, the Parliament of Canada was merely trying to avoid more than one common law spouse claiming eligibility for a survivor's pension. In turn, the Federal Court of Appeal found in favour of Hodge in 2002. The Federal Court found the rejection to be discrimination based on marital status. If Ms. Hodge had been married to Mr. Bickell before the break-up, she would have received a pension. Ms. Hodge compared herself to separated married people, and not divorcees, and the Federal Court accepted this comparison.
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