Canada v. Owen
T-347-93
Rouleau J.
26/11/93
6 pp.
Application for certiorari to quash Review Committee's decision awarding respondent widowed spouse's allowance -- Respondent male at birth attending clinic for sex reassignment therapy -- Name legally changed in 1951 -- Respondent living as woman from that time on although surgery required to complete sexual conversion not performed -- Review Committee awarding allowance as respondent lived as female since 1951, got married in 1955 and remained married until husband's death in 1964 -- Whether respondent "spouse" as defined in Old Age Security Act, s. 2 -- Respondent still at law male, therefore not person "of the opposite sex" as transsexual surgery never performed -- Statutory requirement not met -- Parliament making sex of individual not only relevant but essential element of common law relationship -- Application allowed -- Old Age Security Act, R.S.C., 1985, c. O-9, s. 2 (as am. by R.S.C., 1985 (1st Supp.), c. 34, s. 1).