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Same-sex marriages in Canada

Timeline of GLBT rights in Canada
Year 2000 to now

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See another list for events prior to year 2000

Important milestones in lesbian/gay/bisexual rights in Canada:

bullet2000: 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.
 
bullet2000: 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.
 
bullet2000-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
bullet2001-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.
 
bullet2002: 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.
 
bullet2002: 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.
 
bullet2002: In November, an Ekos poll found that 45% of Canadians favored SSM.
 
bullet2003-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.
 
bullet2003-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.
 
bullet2003-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.
 
bullet2003-AUG-14: The United Church of Canada voted overwhelmingly to endorse SSM at their general council meeting in Wolfville, NS.
 
bullet2003-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.
 
bullet2003-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.
 
bullet2003-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.
 
bullet2004-JUN: A lesbian couple filed the first same-sex divorce petition after their one-year-old marriage broke down.
 
bullet2004-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
 
bullet2005-FEB-01: Bill C-38, which would make SSM available across Canada, was introduced to parliament. More details.
 
bullet2005-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.
 
bullet2005-MAY-09: The governing body of the Anglican Church of Canada decided to delay its decision on SSM until 2007.
 
bullet2005-JUN-28:The House passed the bill by a vote of 158 to 133. More details.
 
bullet2005-JUL-19: The Senate passed the bill by a vote of 47 to 21 with three abstentions.
 
bullet2005-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.
 
bullet2005-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.
 
bullet2005-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.
 
bulletWeek 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.
 
bullet2007-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.
 
bullet2009-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.

Site navigation:
"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:

  1. 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/

  2. "Sexual Orientation and the Canadian Human Rights Act," Canadian Human Rights Commission, at: http://www.chrc-ccdp.ca/

  3. "Vriend & Ors v Alberta & Ors [1998] ICHRL 57 (2 April 1998)," Interights Commonwealth Human Rights Law, at: http://www.worldlii.org/

  4. It is worth noting that:
    bullet

     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.

    bullet

    The same two provinces were the only two which did not allow same-sex couples to marry as of mid-2005.

  5. "Same Sex Rights: Canada Timeline," CBC, 2005-JUN-29, at: http://www.cbc.ca/

  6. 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/

  7. "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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