Canadian Government Won't Oppose Marriage Equality

August 18, 2004

Following an embarrassing court ruling in the Yukon, the Canadian government has decided not to oppose same-sex marriage in any future court cases.

Justice Minister Irwin Cotler told the Canadian Bar Association Monday that Ottawa will no longer resist attempts by same-sex couples who go to court in those areas where gay marriage is not yet legal.

Last month the Yukon Supreme Court, striking down the federal definition of marriage as a union between a man and a woman, lambasted the government for opposing the suit, brought by a Yellowknife gay couple.

Justice Peter McIntyre called it legally unacceptable that the government had already announced it would not appeal rulings in Ontario, Quebec, and British Columbia, that declared the ban on gay marriage unconstitutional, but then fight similar cases in other jurisdictions.

McIntyre then ordered the government pay all costs involved in the case.

The ruling opened the door in Canada's 7 other provinces and two territories for gay couples to go to court to marry.

We will not be opposing any of these, Cotler told the Bar Association's annual conference in Winnipeg. We will allow these proceedings as they arise.

The decision comes as welcome news for three same-sex couples in Nova Scotia. They filed suit last week in the Maritime province's Supreme Court to have the gay marriage ban quashed.

While Nova Scotia Premier John Hamm also has said the province will not oppose the couples in court, the province has refused to issue marriage licenses without a court direction.

The fact that gay and lesbian couples still must go to court angered Canada's LGBT rights group Egale.

Instead of simply not opposing these court actions, why does [Cotler] not energetically advocate in favor of the legislation drafted by his own government? said Egale's Executive Director, Gilles Marchildon. If he did so, there might not be a need for the court actions to begin with.

The draft legislation, instead of being sent directly to Parliament for a vote, was handed over to the Supreme Court of Canada for a legal opinion. The government said it wanted to be assured that in granting same-sex couples the right to marry, the rights of churches which do not accept gay marriage are also protected.

The court will consider the bill in October, but the earliest it could get to the House for a vote would be mid 2005.