January 19,2002

 Montreal:  A precedent-setting decision by a Quebec quasi-judicial board could have far reaching implications for gay and lesbian couples.

The Tribunal Administratif du Québèc has ruled that a couple does not need to live together to be considered in a common law relationship.

The case involved a man whose female partner had died in a car crash.  Because they were not legally married, did not live together, or share a bank account, he was turned down for survivor benefits.

The Tribunal ruled that the Societé de l'Assurance Automobile du Québèc must pay full benefits.

In striking down the understanding that full-time cohabitation is a prerequisite for recognizing spousal rights the path has been opened for same-sex couples seeking access to pensions, insurance claims and survivor benefits, gay activists in Quebec said Friday.

The tribunal heard that the man lived in the country, while the woman stayed in the city where she worked.  There were no shared finances and although she wore his ring they were never formally married.

"If the fact of cohabitation is one of the necessary elements to demonstrate marital life, the fact of non- cohabitation is not necessarily proof of an absence of marital life."

The man's lawyer, Andre Mongrain, said: "In my opinion, this enlarges or adjusts the law."

"This is important because for the first time, an administrative tribunal has recognized that people can be spouses even if they don't live together."

Irene Demczuk of the Coalition for the Recognition of Same-Sex Spouses said the decision could affect some gay and lesbian partnerships.

Same-sex spouses, she said, have had access to benefits since 1999 if they met three criteria applied to all unmarried couples: cohabitation, shared responsibility and public recognition of their relationship.

But some same-sex spouses who cannot meet the criteria because of special circumstances could be helped by the ruling, she said.

"In small towns and villages all across Quebec there are gay and lesbian couples who are spouses, but cannot live together or do not go out together publicly because they are afraid of negative criticism," Demczuk said.

It is not yet clear if the decision will have any impact on binational same-sex couples.  Although foreign partners of Canadians are entitled to landed immigrant status, the couple must have cohabitated prior to the application for Canadian immigration. Nor is it clear if the decision will affect federal law.