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April 6, 1999 After the Ontario Court of Appeal ruled that parts of Canada's Income Tax Act discriminate against same-sex couples, Ottawa finally recognized that the law had to be changed. Money is not the government's chief concern. There are so few provisions in the Income Tax Act of potential benefit to same-sex couples that federal officials estimate it would cost a modest $3 million to remove the discriminatory aspects. The problem, it seems, is just one word - spouse. Fearing a backlash from Reformers as well as Liberal backbenchers, the government is reluctant to amend the Income Tax Act to allow the partners of a same-sex couple to make a claim for a ``spouse.'' So it is pondering the creation of a new category of taxpayers: partners in same-sex, common law couples, who would not be recognized as ``spouses,'' but would enjoy all the rights and benefits now conferred on heterosexual common-law couples. Presumably, this is the designation same-sex partners would pick when asked by Revenue Canada for their marital status. The question of tax credits is more complicated. Currently, there is one provision for ``spouse,'' and a second provision for ``equivalent to a spouse.'' The Income Tax Act allows single parents to claim a credit for a dependent child who is designated an equivalent to spouse. It seems curious that Reformers would make such an issue out of the word spouse, yet have no objection to the term equivalent to spouse. For doesn't the word equivalent denote ``equal in meaning'' or ``the same as?'' If so, the Income Tax Act seems to imply that a son or daughter is the same as a spouse. Isn't there a danger that ``same as spouse'' could be interpreted to mean parent and child sharing a bed? Maybe Ottawa should eliminate all these loaded words with one, all-purpose term. It could simply let everyone claim ``a qualifying loved one'' - be it a spouse, son, daughter or same-sex partner. Reformers would surely agree that love is a fitting family value. Contents copyright © 1996-1999, The Toronto Star. |
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