Quebec and ordering that it take effect immediately. Given the populations of Ontario, British Columbia and Quebec, more than two-thirds of Canada's population lived in provinces where same-sex marriage had been legalized after the Quebec decision. The position was strengthened by the Attorney General's refusal to appeal those rulings. It further ruled that to continue to restrict marriages in Yukon to opposite-sex couples would result in an unacceptable state of a provision's being in force in one jurisdiction and not another.
On August 16, , federal Justice Minister Irwin Cotler indicated that the federal government would no longer resist court cases to implement same-sex marriage in the provinces or territories. The judge said that his decision had been influenced by the previous decisions in B. Both the provincial and federal governments had made it known that they would not oppose the court bid.
One of the couples, Chris Vogel and Richard North, had legally sought the right to marry, in a high-profile case in , but had been denied. In August , three couples in Nova Scotia brought suit in Boutilier v. Canada A. G and Nova Scotia A. G against the provincial government requesting that it issue same-sex marriage licences. Neither the federal nor the provincial governments opposed the ruling. Five couples brought suit in Saskatchewan for the recognition of their marriage in a case that was heard by the Saskatchewan Court of Queen's Bench in chambers on November 3, Two lesbian couples brought suit on November 4, , to have Newfoundland and Labrador recognize same-sex marriage.
As with the previous decisions, the provincial government did not oppose the suit; moreover, the federal government actually supported it. The case went to trial on December 20 and the next day, Mr. Justice Derek Green ordered the provincial government to begin issuing marriage licences to same-sex couples, an order with which the provincial government announced it would comply.
Two same-sex couples brought suit in April to request an order requiring the Government of New Brunswick to issue same-sex marriage licences. This was granted in June The Progressive Conservative Premier of New Brunswick , Bernard Lord , who personally opposed same-sex marriage, pledged to follow a directive to provide for same-sex marriages from the courts or from Parliament. On May 20, , a gay male couple with a daughter brought suit in the Northwest Territories for the right to marry. Territorial Justice Minister Charles Dent had previously said that the government would not contest such a lawsuit.
The case was to be heard on May 27 but ended when the federal government legalized same-sex marriage. The shift in Canadian attitudes towards acceptance of same-sex marriage and recent court rulings caused the Parliament of Canada to reverse its position on the issue.
Same-sex marriage in Canada
A study by Mark W. Lehman suggests that between and , Canadian public opinion on legalizing same-sex marriage underwent a dramatic shift: moving from minority support to majority support and that this support was the result of a significant shift in positive feelings towards gays and lesbians. Like most private members' bills, it did not progress past first reading, and was reintroduced in several subsequent Parliaments.
In , the House of Commons overwhelmingly passed a resolution to re-affirm the definition of marriage as "the union of one man and one woman to the exclusion of all others". In early , the issue once again resurfaced, and the House of Commons Standing Committee on Justice and Human Rights proceeded to undertake a formal study of same-sex marriage, including a cross-country series of public hearings.
Just after the Ontario court decision, it voted to recommend that the federal government not appeal the ruling. Civil status is of provincial jurisdiction in Canada. However, the definition of marriage is a federal law. On September 16, , a motion was brought to Parliament by the Canadian Alliance now the Conservative Party to once again reaffirm the heterosexual definition of marriage. The same language that had been passed in was brought to a free vote, with members asked to vote for or against the definition of marriage as "the union of one man and one woman to the exclusion of all others.
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The September vote was extremely divisive, however. Several Liberals retained their original stance, however, and thus the vote was not defined purely along party lines. Controversially, over 30 members of the House did not attend the vote, the majority of whom were Liberals who had voted against legalizing same-sex marriage in In the end, the motion was narrowly rejected by a vote of — In , the Liberal government referred a draft bill on same-sex marriage to the Supreme Court of Canada, essentially asking it to review the bill's constitutionality before it was introduced.
Prime Minister Paul Martin later added a fourth in January [51]. The addition of a fourth question considerably delayed the opening of the court reference until well after the June general election, raising accusations of stalling. In its hearings that began in October , the Supreme Court of Canada accused the government of using the court for other goals when it declined to appeal rulings that altered the definition of marriage in several provinces. The Supreme Court of Canada ruled that the government has the authority to amend the definition of marriage, but did not rule on whether or not such a change is required by the equality provisions of the Canadian Charter of Rights and Freedoms.
The court stated that such a ruling is not necessary because the federal government had accepted the rulings of provincial courts to the effect that the change was required. The court also ruled that given freedom of religion in the Charter of Rights, and wording of provincial human rights codes, it was highly unlikely that religious institutions could be compelled to perform same-sex marriages, though because solemnization of marriage is a matter for provincial governments, the proposed bill could not actually guarantee such protections.
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On December 9, , Prime Minister Paul Martin indicated that the federal government would introduce legislation expanding marriage to same-sex couples. The government's decision was announced immediately following the court's answer in the Reference Re Same-Sex Marriage reference question. The parliamentary bill caused rifts in the House of Commons, especially among the governing Liberals.
Many Liberal MPs indicated that they would oppose the government's position in favour of same-sex marriage at a free vote.
In , Alberta had amended its Marriage Act to define marriage as being between a man and a woman. However, the amendment was invalid since, under the Canadian Constitution, the definition of marriage is a federal right. See " Same-sex marriage in Alberta " for further discussion of the issue. Complicating matters, Conservative Party Leader Stephen Harper indicated that a Conservative government would work to restore the prohibition on same-sex marriage if Parliament voted to do so in a free vote. Following the court decision on December 9, Albertan Premier Klein suggested that a national referendum be held on same-sex marriage, a measure Prime Minister Martin rejected.
The bill passed second reading on May 4 and third reading on June 28, with votes of and —, respectively. Debate was launched on July 4, and a Liberal closure motion limited debate on the bill to only four hours. Second reading and committing the bill occurred on July 6, with a vote of 43— The Senate passed Bill C on third reading by a margin of 47 to 21 on July 19, The Conservative Party , led by Stephen Harper, won a minority government in the federal election on January 23, Harper had campaigned on the promise of holding a free vote on a motion to re-open the debate on same-sex marriage.
A news report from CTV on May 31, showed that a growing number of Conservatives were wary about re-opening the debate on same-sex marriage. One cabinet minister stated he just wanted the issue "to go away", while others including Chuck Strahl and Bill Casey were undecided, instead of directly opposed. By November , the debate had shifted and it was the supporters of same sex marriage that were arguing for a fall vote on the issue and the opponents who were lobbying for a delay. On December 6, , the government brought in a motion asking if the issue of same-sex marriage debate should be re-opened.
This motion was defeated the next day in a vote of nays to yeas. In Hincks v.
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From June date of the first same-sex marriages in Ontario to October , 12, same-sex marriages were contracted in Canada. By , 21, same-sex marriages had been celebrated in Canada. According to the Census, there were 72, same-sex couples residing in Canada that year, of which 24, As mentioned above, Canadian cohabiting same-sex couples are entitled to many of the same legal and financial benefits as married opposite-sex couples. In , after the court case M. The province of Quebec also offers civil unions to same-sex couples. Nova Scotia's domestic partnerships offer similar benefits. Legislative changes in — extended the benefits of common-law relationships in Manitoba to same-sex couples as well as those of different sex.
In , Alberta passed a law recognizing adult interdependent relationships. These relationships provide specific financial benefits to interdependent adults, including blood relations. The legal status of same-sex marriages in provinces and territories that did not perform them was uncertain prior to the passage of the Civil Marriage Act. One of the couples that brought suit in Nova Scotia acted so that their Ontario marriage would be recognized.
The Premier of Alberta , Ralph Klein, wanted to prevent same-sex marriages from being performed or recognized in Alberta, but eventually admitted that the province's chances of doing so were slim to none, and said Alberta would obey the legislation. In October , Premier Paul Okalik announced that Nunavut would recognize same-sex marriages performed in other provinces and territories. The Department of Citizenship and Immigration Canada CIC acknowledges same-sex marriages contracted in Canada between immigration applicants and Canadian citizens or permanent residents.
Canadians may also sponsor their same-sex common-law or civil union partners for family-class immigration , provided they meet various requirements, including proof of legitimacy, and cohabitation for at least one year. After the enactment of the Civil Marriage Act , CIC adopted an interim immigration policy which did not recognize same-sex marriages which took place outside Canada. For example, a Canadian citizen, legally married in the Netherlands to his or her same-sex Dutch partner, might not sponsor his or her Dutch partner for immigration as a spouse, despite the fact that both Dutch law and Canadian law made no distinction between opposite-sex and same-sex civil marriages, and despite the fact that CIC did recognize a Dutch opposite-sex marriage.