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|
 | 2000: The Federal government passed omnibus bill C23 which
amended 68 federal statutes to extend full
benefits and obligations to persons in same-sex relationships. One
significant exclusion was their right to marry. |
| 2000: The government of Alberta passed Bill 202 which states
that the province will use the notwithstanding clause
to refuse marriage to same-sex couples in the event a court decides in
favor of SSM. The bill is meaningless, because only the federal government,
not the provincial and territorial governments, defines who may marry. However,
it probably made a large percentage of the voters in Alberta happy. |
| 2000-DEC-20: A long-term running battle between the Little
Sisters Book & Art Emporium in Vancouver, BC, and Canada Customs
came to a sudden end. For years, Customs had confiscated erotic and
informational GLBT literature at the border while allowing erotic heterosexual
material to be imported into Canada. The Supreme Court of Canada
declared the enabling law under which Customs operated to be unconstitutional.
1 |
| 2001-JAN-14: Two
same-sex couples were married in a church service in Toronto. They could
not obtain a marriage license, and so went through the ancient ritual of
the reading of the bans. The Ontario government refused to register their
marriages. However, two and a half years later, on 2003-JUN-10, the Ontario Court of Appeal
retroactively recognized the marriages, thus making them the first same-sex couples
in the world -- at least in recent centuries -- to be legally married. |
| 2002: Marc Hall won a lawsuit against
Monsignor John Pereyma Catholic High School in Oshawa, ON. The
school had prohibited him from bringing his boyfriend to the school
dance. |
| 2002: The Ontario Superior Court ruled unanimously that
restricting marriage to one man and one woman is unconstitutional. The
court gave the Ontario and Federal governments 24 months to change their
legislation to allow same-sex couples to marry. The Ontario government
decided against appealing the ruling. The federal government released a public
opinion poll indicating that most Canadian adults favor allowing the marriage of same-sex
couples. Three days later, the federal government started the process of appealing the
ruling to the Ontario Court of Appeals. |
| 2002: In November, an Ekos poll found that 45% of Canadians
favored SSM. |
| 2003-JUN-10: The Ontario Court of Appeal unanimously ordered the
Ontario government to issue marriage licenses to same-sex adult couples,
and to register their marriages. Michael Stark and Michael Leshner
made North American history by obtaining a marriage license and being married a few hours later.
More details. |
| 2003-JUN-17: The Federal Government threw in the towel. They
felt that they had to recognize the unanimous decisions of three senior
provincial courts legalizing SSM. At a caucus meeting, the Liberal party decided to not
appeal the decisions of the Ontario and British Columbia appeal courts to
the Supreme Court of Canada. Rather, it decided to introduce legislation
to Parliament which will legalize same-sex marriage across the country.
More details. |
| 2003-JUL-08: The British Columbia Court of Appeal unanimously ordered the
British Columbia government to immediately sell marriage licenses to same-sex adult
couples, and to register their marriages. |
| 2003-AUG-14: The United Church of Canada voted overwhelmingly
to endorse SSM at their general council meeting in Wolfville, NS. |
| 2003-SEP-09: A gay-positive group initiated a class-action suit
against the federal government on behalf of same-sex couples who were denied
Canada Pension Plan benefits when one partner died before 1998. They won the
case. |
| 2003-SEP-16: A motion by the conservative Alliance Party in
Parliament was defeated. It would have declared that marriage in Canada
was restricted to a union of one man and one woman. It would have required
Parliament to invoke the notwithstanding clause.
That would have over-ridden the Canadian Charter of Rights and Freedoms
to deprive same-sex couples of the right to marry. |
| 2003-SEP-17: Bill C-250 was passed. It added sexual orientation
to the existing list of four protected classes in Canada's hate propaganda
legislation. Hate speech against persons on the basis of their sexual
orientation is now a criminal offense. Exceptions are made in the law for
religious hate speech. All Canadians are protected
by the law: heterosexuals, homosexuals and bisexuals. |
| 2004-JUN: A lesbian couple filed the first same-sex divorce petition
after their one-year-old marriage broke down. |
| 2004-DEC-08: The Supreme Court of Canada
handed down a 19 page ruling
on the Federal Government's "Proposal for an Act respecting certain
aspects of legal capacity for marriage for civil purposes." --
commonly referred to as its "reference." It involved four
questions concerning same-sex marriage. The court's decisions were
unanimous. It determined that the Federal Government has the sole
right to determine who may marry in Canada, that the proposed federal
SSM legislation was constitutional, and that churches and other
religious institutions can freely discriminate against same-sex couples
in marriage. Unfortunately, it refused to rule on whether the Canadian Charter of Rights and Freedoms requires SSM.
More details |
| 2005-FEB-01: Bill C-38, which would make SSM available across
Canada, was introduced to parliament. More
details. |
| 2005-MAY-04: The House of Commons voted in favor of
C-38 at the second reading stage -- approval in principle -- by a vote
of 163 to 138. More details. |
| 2005-MAY-09: The governing body of the Anglican Church of Canada
decided to delay its decision on SSM until 2007. |
| 2005-JUN-28:The House passed the bill by a vote of 158 to 133.
More details. |
| 2005-JUL-19: The Senate passed the bill by a vote of 47 to 21 with three abstentions. |
| 2005-JUL-20: Bill C-38, which theoretically made same-sex marriages available across Canada was signed into law by the
Chief Justice of the Supreme Court of Canada. Normally, this action is taken by the Governor General. However, she was
incapacitated by a medical problem. Same-sex couples anywhere in Canada could theoretically be married.
|
| 2005-JUL-22: The Prince Edward Island government decided to not make marriage licenses available to its same-sex couples,
in violation of federal law. Alone among the provinces and territories, they decided that they first had to pass enabling
legislation. |
| 2005-AUG-19: Dr. Chris Zarow and Constance Majeau, a same-sex couple from California, successfully petitioned
the government of Prince Edward Island to allow them to marry. They received a marriage license on the morning of AUG-19 and
were married that afternoon. For the first time in history, any qualifying couple, whether same-sex or opposite-sex, could
obtain a marriage license in any province or territory in Canada, marry, and have their status registered. |
| Week of 2006-DEC-03: The Conservative Government announced that it
was planning to introduce
a motion to Parliament asking whether the Members of Parliament wish to have
legislation introduced to prevent loving, committed same-sex couples from
marrying in the future. It failed. More details. |
| 2007-JUN-18: The Anglican Church of Canada held its 38th
General Synod. the theme was: "Draw the circle wide; draw it wider still."
They came very close to authorizing resolution A186, which would authorize:
"... the blessing of committed same-sex unions." The clergy voted in favor;
the laity voted in favor; the bishops voted against by a heartbreaking 21 to
19. Since all three orders had to approve the resolution, it did not pass. The
next chance is in 2010. More details. |
| 2009-SEP-19: The Queer Hall of Fame was opened Vancouver's Qmunity -- B.C.'s queer resource centre. Five persons active in GLBT rights in Canada were inducted. More details. |
"SSM" means "same-sex marriage"
|
Home > Rel. info. > Basic > Marriage > SSM menu > SSM submenu > here |
|
Home > "Hot" topics > Homosexuality > SSM menu > SSM submenu > here |
Notes and references:
-
Christine Overall, "Trudeau Was Right. State Should Stay Out Of Nation's Bedrooms," Kingston Whig Standard, Kingston ON, 2004-JUN-28, at: http://www.christiangays.com/
-
"Sexual Orientation and the Canadian Human Rights Act," Canadian Human Rights Commission, at: http://www.chrc-ccdp.ca/
-
"Vriend & Ors v Alberta & Ors [1998] ICHRL 57 (2 April 1998)," Interights Commonwealth Human Rights Law, at: http://www.worldlii.org/
-
It is worth noting that:
In 1998, Alberta and Prince Edward Island were the last two provinces to include sexual orientation as a protected class in their human rights legislation.
The same two provinces were the only two which did not allow same-sex couples to marry as of mid-2005.
-
"Same Sex Rights: Canada Timeline," CBC, 2005-JUN-29, at: http://www.cbc.ca/
-
Wendy Pearson, "Interrogating the Epistemology of the Bedroom: Same-Sex Marriage and Sexual Citizenship in Canada," Discourse 26.3 (2004), Pages 136 to 165, at: http://muse.jhu.edu/
-
"Little Sisters v Canada Customs," Egale Canada, 2008, at: http://www.egale.ca/
Copyright © 2003 to 2009 by Ontario
Consultants on Religious Tolerance
Latest update: 2009-SEP-20
Author: B.A. Robinson
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