SAME SEX MARRIAGE DEBATE
1978 - Introduction of the Family Law Reform Act, extending statutory
recognition for the first time to heterosexual couples who had been "living in sin"
or "without benefit of clergy".
1985 - The Divorce Act was substantially revised with the introduction of “no
fault” divorce, permitting couples to obtain a divorce simply by living separately
for one year.
1989 - The Canadian Human Rights Commission defined a homosexual couple as
a family.
1990 - Parliament replaced the old law on prohibited degrees of consanguinity
with the Marriage (Prohibited Degrees) Act, which provided that persons may
not marry if they are lineally related by consanguinity or adoption or if they are
brother and sister by consanguinity or adoption.
1995 - The Supreme Court of Canada said (Egan v. Canada, [1995] 2 S.C.R. 513
at 593-594) "The public recognition and acceptance of homosexuals as a couple
may be of tremendous importance to them and to the society in which they live.
To deny homosexual couples the right to make that choice deprives them of the
equal benefit of the law." As a result of Egan, sexual orientation was judged to be
analogous to other protected personal attributes listed in section 15 of the
Charter.
1999 - The Supreme Court of Canada said (Law v. Canada, [1999] 1 S.C.R.497 at
534-535) "It is logical to conclude that, in most cases, further differential
treatment will contribute to the perpetuation or promotion of their unfair social
characterization, and will have a more severe impact upon them, since they are
already vulnerable." M. v. H. directly dealt with the definition of "spouse" and the
Supreme Court of Canada recognized same-sex conjugal relationships.
2000 - Bill C-23 was passed in Canada's House of Commons, extending all-but-
marriage rights to same-sex couples. The government introduced a definition of
marriage in the pre-amble to new legislation: "One man and one woman to the
exclusion of all others." The Metropolitan Community Church of Toronto
announced its plans to read the banns of marriage for two same-sex couples
during December, as a step toward performing a legal marriage in January.
2001 - January 14, 2001 the Metropolitan Community Church of Toronto
performed legal same-sex marriages, issuing government record of marriages.
Legal challenges began in an effort to force the government to register the MCC
Toront marriages, and to offer marriage
through civil means.
2002 - Law Commission of Canada,
Parliament's advisers,told the Jusice Minister
that same-sex marriage should be legalized. Bill
C-23 is discriminatory. Soon after, the
Canadian Human Rights Commission added its
voice, calling for equal marriage. Ontario court
said the ban on same-sex marriage is
unconstitutional (July 12). Quebec court agreed
(Sept. 6), as did the provinces of Manitoba, Ontario and Quebec. The Justice
Minister stalls for time with the release of a "white paper" outlining improbable
options to be considered in the new year.
2003 - Parliament's Committee on Justice and
Human Rights considers options (until time
passed them by), while court victories continued
for equal marriage. British Columbia joined
Ontario and Quebec courts in ruling in favour of
equal marriage (May 1). The Court of Appeal for
Ontario decision (June10) changed the common-
law definition of marriage, effective immediately
and the January 14, 2001 marriages were
declared legal and the government was ordered
to register the marriages. The Prime Minister announced the decision to stop
legal battles and legalize same-sex marriage for all of Canada (June 17). B.C.
opened marriage to same-sex couples on July 8. The Justice Minister is awaiting
a review of the planned legislation from the Supreme Court of Canada.
Legislation was expected to be tabled in 2004.
2004 - A new Prime Minister and a new Justice Minister, fearful of voters in an
upcoming spring election, delayed the Supreme Court of Canada review in order
to minimize the potential of same-sex marriage becoming an election issue. On
March 19, the Quebec Court of Appeal made marriage for same-sex couples legal
in that province. Couples press forward with more cases, in the absence of timely
responses from Parliament. The Yukon became Canada's first territory to end
marriage discrimination on July 14, 2004. Manitoba couples won access to
marriage on September 16, 2004. On September 24, 2004, Nova Scotia's
Supreme Court did the same for other couples, and ordered the province to
recognize gay marriages performed elsewhere. Saskatchewan became the 7th
region to legalize same-sex marriage on Nov. 5, 2004 and
Newfoundland/Labrador on Dec. 21, 2004.
2005 - Parliament began debate on an equal marriage bill on Feb. 16, 2005. Bill
C-38 passed second reading on May 4, 2005. Meanwhile, a New Bunswick court
cleared the way for marriage equality in that province on June 23, 2005. On June
28, 2005 Parliament passed the third and final reading of the marriage bill. The
Senate passed the bill on July 19, 2005 and equal marriage received royal assent
on July 20, 2005, making the bill the law of the land. Canada is the fourth
country to give same-sex couples access to marriage, after the Netherlands,
Belgium, and Spain.