May 25, 1995 - James Egan & John Nesbit - a podcast by Stephen Hammond

Gay couple denied spousal benefits, but sexual orientation added to charter protections. James Egan and John Nesbit were a gay couple that had lived together since 1948. In 1986, when Egan reached 65, he became eligible for Old Age Security and a guaranteed income supplement. When Nesbit reached age 60, he applied for the spousal allowance available to the spouse of a pensioner between the ages of 60 and 65 in cases where the couple’s combined income falls below a certain level. The government denied Nesbit the income supplement, explaining that “spouse” is defined as a member of the opposite sex. Both men took the federal government to court, and their case ended up at the Supreme Court of Canada. On May 25, 1995, in a five to four split, the majority of judges ruled against Egan and Nesbit. They said that Parliament’s decision to support couples had been based on heterosexual couples’ ability to procreate. Most children, they stated, are the result of heterosexual relationships. However, the court also ruled unanimously that sexual orientation is protected by the Charter of Rights and Freedoms equality provisions, even if not written in as such. The case inspired Toronto filmmaker David Adkin’s 1996 documentary, Jim Loves Jack: The James Egan Story. James Egan died on March 9, 2000; Jack Nesbit less than four months later, on June 23.

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