Mr. Speaker, the member has asked a question that I have been asking myself. I am not a lawyer. I do not know how to interpret it.
I do know, however, that in my opinion the courts have not taken a decision on this and refuse to. They want the politicians to do it. The politicians also have not made that decision. This has been bouncing back and forth for some time. Even in the literature it asks: "Will this amendment lead to same sex benefits" and the answer in the speaking notes is "no".
Yet the Egan case clearly says, and implies to me in any event, that since it was part of the equality provisions, section 15, that same sex benefits were not granted to the Egan-Nesbitt relationship because this provision was not in the Canadian Human Rights Act. To me, therefore, it must mean if this provision is put in, the Egan case would have been successful in the Supreme Court and same sex benefits would have been extended to that couple and possibly opened up all Canadian legislation to the same challenge.