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Same Sex Laws in Canada Update June 2003 CTV
CTV.ca News Staff
Federal Justice Minister Martin Cauchon will reportedly ask the cabinet to marry itself to the idea of same sex unions, and proceed with new legislation rather than a Supreme Court fight.
Cauchon will urge his colleagues at the final cabinet meeting before the summer break not to appeal Ontario, B.C. and Quebec rulings which found that banning same-sex marriage is unconstitutional, The Globe and Mail reported Tuesday.
The justice minister will give the cabinet two options: to either independently draw up new legislation sanctioning gay marriage or to ask the Supreme Court of Canada for "guidance" on how to legally redefine marriage based on the Charter of Rights and Freedoms.
Last week, an Ontario Court of Appeal declared the current definition of marriage -- "one man and one woman" -- in violation of the Charter and ordered the City of Toronto to issue marriage licences immediately to the same-sex couples involved in the case. Under the ruling, Ottawa has two years to change the legal definition of marriage to a union between "two persons."
Heading into Tuesday's meeting, Prime Minister Jean Chretien told reporters he did not yet know how he would proceed. "If I had made up my mind, I would not go to the cabinet," he said.
On Thursday, an all-party Commons justice committee voted 9-8 in favour of letting the decision stand rather than appealing it in the Supreme Court. The motion is not binding.
Courts in British Columbia and Quebec have also ruled that banning same-sex marriages is unconstitutional.
In May, the B.C. Court of Appeal overturned a B.C. Supreme Court ruling that said marriage is only for heterosexuals. It gave Parliament until July 12, 2004 to change the law.
Cauchon has until June 30 to ask the Supreme Court of Canada to review the B.C. decision.
POLL
CTV.ca News Staff
While there is no national consensus on the issue of same-sex unions, a new poll indicates a slim majority of Canadians feel gays and lesbians should have the right to be legally married.
This Ipsos-Reid/CTV/Globe and Mail survey found 54 per cent of Canadians support same-sex marriages.
Forty-four per cent were opposed, and two per cent either didn't know or wouldn't say.
The poll was conducted in the wake of an Ontario Court of Appeal ruling that found the traditional definition of marriage unconstitutional.
Respondents were asked whether they "support or oppose same-sex couples being allowed to marry and register their marriage with their provincial government."
The proportion of Canadians who support same-sex marriages remained
unchanged from June
1999 (55 per cent), which had nominally increased since August 1996 (49 per
cent).
Regionally, residents of Quebec and B.C. were the strongest supporters of same-sex marriages at 65 per cent and 64 per cent respectively.
Support was weakest on the prairies.
The poll comes as Ottawa ponders whether to appeal Tuesday's Ontario Court of Appeal ruling giving gays and lesbians the right to marry in the province.
Courts in British Columbia and Quebec have also ruled the federal law that only recognizes opposite-sex unions for marriage unconstitutional.
Canadians were also spilt over how the federal government should handle the ruling.
The poll, conducted between June 10th and 12th 2003, was based on a randomly selected sample of 1055 adult Canadians
It is considered accurate to within plus or minus 3.1 percentage points, 19 times out of 20.
With reports from Ipsos-Reid and Canadian Press
