Fifth Canadian Province Recognizes Same-Sex Marriage

September 24, 2004

HALIFAX — Nova Scotia this morning became the fifth Canadian province to legalize same-sex marriage.

The provincial Supreme Court ruled that denying same-sex couples the right to marry was a violation of the Canadian Charter of Rights and Freedoms.

The case was brought by three Nova Scotia same-sex couples. The suit argued that because the federal government did not challenge rulings of the highest courts in three provinces and the Yukon Territory that all struck down the existing definition of marriage as between a man and a women, prohibiting gay marriage is illegal.

After the Nova Scotia case was launched, a fourth province, Manitoba, also ruled in favor of same-sex couples.

The ban on gay marriage began to crumble last year when Ontario's highest court ruled that preventing same-sex couples from marrying was unconstitutional. British Columbia followed soon after and several months later Quebec followed.

One of my couples is celebrating their 20th anniversary this year so it's very important to them that they secure this right to marry now, said Halifax lawyer Sean Foreman when he filed the Nova Scotia suit.

Nova Scotia Premier John Hamm said he would abide by the court's ruling.

With Nova Scotia, 82% of Canadians now live in jurisdictions with equal marriage, said Laurie Arron, Director of Advocacy of Canada's national LGBT rights group Egale.

Gay and lesbian people in the remaining jurisdictions are feeling increasingly left behind. We've been contacted by same-sex couples in 4 of the remaining jurisdictions who want to launch challenges of their own.

Gay marriage is still not permitted in the provinces of Newfoundland, Prince Edward Island, New Brunswick, Alberta, and Saskatchewan, plus the North West Territories and the territory of Nunavut.

Following the Ontario and British Columbia court rulings the federal government said it would bring in legislation to legalize same-sex marriage across the country. In an unusual move the government submitted the draft legislation to the Supreme Court of Canada. The court will hear the case in October.

In asking the court to examine the bill the government wants to be assured that it will not only protect the rights of gay couples but also churches which do not recognize same-sex marriage. In Canada marriage is defined by the federal government, but family law falls to the provinces.

The earliest the bill could be brought to Parliament would be next spring.