Common-law and same-sex relationships under 'The Matrimonial Property Act'

The incidence of cohabitation arrangements I is on the rise not only across the country, but also in the province of Saskatchewan. For many, cohabitation is viewed as an alternative to marriage; for others, the arrangement is one of convenience. Despite the varying definitions, new dimensions of family life have become a social reality across Canada. Since the advent of the 'Charter of Rights and Freedoms', Parliament and legislatures alike have had to revisit various pieces of legislation to bring them into line with the principles of equality. Same-sex and common-law couples continue to advance 'Charter' litigation, demanding the extension of marital benefits and protections to their relationships. As such, the definitions of "spouse" in Saskatchewan laws must be put under review. In particular, this paper will examine the constitutionality of 'The Matrimonial Property Act' ('MPA') of Saskatchewan. Is the 'MPA' vulnerable to a challenge on the basis of equality? The better question is: should the provisions in the 'MPA' be extended to common-law and same-sex cohabitants through an expanded definition of "spouse"?