LEAF logo
LEAF logo
DONATE
MENU
LEAF logo

Contact

DONATE
Informations en français
  • English
  • Français
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Menu
  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
Home / Cases and Law Reform / Search Cases & Submissions

Case Summary

Québec (A.G.) v. A. (aka Eric v. Lola) (2013)

This case concerned the exclusion of unmarried spouses from the protections existing for married couples under Québec’s family law regime.  

LEAF intervened before the Supreme Court of Canada. 

Facts 

“Lola” and “Eric” were unmarried spouses for 7 years and had three children together. Lola wanted to marry, but Eric refused, saying that he didn’t believe in the institution of marriage. Lola cared for the children and largely did not work outside the home.  

In Québec, those in umarried partnerships are not entitled to the same family law protections as married couples, including spousal support, and sharing of property and rights to the family residence on separation. Lola argued that this exclusion violated s. 15 of the Charter, and that she was entitled to support and a portion of the family property.  

The Québec Superior Court found that the exclusion did not violate s. 15. The Québec Court of Appeal found that the provision excluding  unmarried spouses from spousal support was unconstitutional, but that the other exclusions were constitutional. All parties appealed to the Supreme Court of Canada. 

Arguments 

LEAF argued that the exclusion perpetuated the prejudice and disadvantage experienced by women inunmarried spousal relationships by disregarding their contributions and needs. The exclusion ofunmarried spouses from legislative protection exacerbated the feminization of poverty by leaving many cohabiting women economically devastated by relationship breakdown.  

The exclusion was based on historical prejudices against unmarried unions, and false stereotypes — positive and negative — about the nature of these relationships. Failing to extend the equality-promoting protections to unmarried spouses discriminated based on marital status and prevented women, frequently mothers, from sharing the wealth created by their efforts post-separation. 

Outcome 

The Supreme Court was deeply divided on this decision. Four judges found that the exclusion did notviolate s. 15 of the Charter. While five judges found that the provisions violated s. 15, one of thosejudges found that the exclusion was justified under s. 1. As a result, the exclusion was upheld as constitutional.  

LEAF is grateful to Johanne Elizabeth O’Hanlon and Martha McCarthy, counsel in this case, as well as Nadia Effendi, Ottawa agent for LEAF.

Download the factum here.  

Read the Supreme Court of Canada’s decision here. 

Our records are imperfect, but we are doing our best to update them – if you were involved with LEAF on this case but your name is not reflected here, please email us at [email protected].    

Case Documents

December 14, 2011
Supreme Court of Canada Factum

Case News

Loading...

Jan 27, 2013

LEAF Looks for Legislation to Protect Women

Jan 16, 2012

LEAF Intervening in Eric v. Lola Equality Rights Challenge
Help us promote gender equality
Donate to support equality

Search Cases & Submissions

  • Issue Area

  • Type

  • By Date

  • Keyword

  • Reset search
Help us promote gender equality
Donate to support equality

Stay up to date on feminist law and LEAF’s work to advance gender equality



Related Cases

Loading...

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations

Québec (A.G.) v. A. (aka Eric v. Lola) (2013)

This case concerned the exclusion of unmarried spouses from protections existing for Quebec married couples.
More Cases

Related Cases

Loading...

Colucci v. Colucci (2021)

This case concerned retroactive decreases in child support obligations

L.M.P. v. L.S. (2011) 

This case concerned entitlement to spousal support.
More Cases

Related Issue Area

Loading...

Family Law

Case Summary

Québec (A.G.) v. A. (aka Eric v. Lola) (2013)

Sidebar Placeholder

LEAF_FAEJ_hz_names_colour_rgb_rev
Donate to support equality

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Stay up to date on feminist law and LEAF’s work to advance gender equality



LEAF_FAEJ_hz_names_colour_rgb_rev

National Office
180 Dundas Street West, Suite 1420
Toronto, ON M5G 1Z8
[email protected]
Phone: 416.595.7170
Toll-free: 1.888.824.5323
Facsimile: 416.595.7191

Charitable Registration Number: 10821 9916 RR0001

Facebook-f Twitter Instagram

Stay up to date on feminist law and LEAF’s work to advance gender equality



Donate to support equality

© 2020 Women’s Legal Education & Action Fund (LEAF). All rights reserved. | Legal & Privacy | Accessibility | Website by Affinity Bridge

MENU

  • About
    • Our Story
    • Mission & Vision
    • Staff
    • Board
    • Law Program Committee
    • FAQs
    • Employment Opportunities
    • Student Positions
  • Cases and Law Reform
    • Our Work
    • Issue Areas
      • Reproductive Justice
      • Indigenous Rights and Law
      • Identity-Based Oppression
      • Hate Speech and Online Hate
      • Sexual Assault and Consent Law
      • Gender-Based Violence
      • Access to Justice
      • Workplace Rights
      • Socio-Economic Rights
      • Family Law
    • Search Cases & Submissions
    • Current Work
      • Basic Income Project
      • LEAF’s Feminist Strategic Litigation Project
      • LEAF’s Technology-Facilitated Violence (TFV) Project
      • National Abortion Access Framework
      • Reproductive Justice Project
    • Past Projects
    • Legal Resources
  • Education
    • Overview
    • Workshops, trainings & webinars
    • Factsheets & infographics
  • News & Events
    • Search News & Events
    • Events
  • Publications
    • Search Publications
    • Working Papers
    • Reports
    • Annual Reports
  • Regional Branches
    • Overview
    • LEAF Edmonton
    • LEAF Halifax
    • LEAF Hamilton
    • LEAF Kingston
    • LEAF Ottawa
    • LEAF Québec
    • LEAF Thunder Bay
    • LEAF Toronto
    • LEAF Windsor
  • Get Involved
    • Ways to Get Involved
    • Donate
    • Join a Branch
    • Volunteer
    • Become a LEAF Pro Bono Lawyer
    • Partner with LEAF
  • English
  • Français