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Before introducing it into Parliament, the federal Cabinet submitted the bill as a reference to the Supreme Court (Re Same-Sex Marriage), asking the court to rule on whether limiting marriage to heterosexual couples was consistent with the Canadian Charter of Rights and Freedoms and if same-sex civil unions are an acceptable alternative.
Before the enactment of federal legislation recognizing same-sex marriage, therefore, the application of federal marriage law differed depending on the province or territory.Given the Supreme Court ruling, the role of precedent in Canadian law, and the overall legal climate, it was very likely that any challenges to legalize same-sex marriage in the remaining four jurisdictions would be successful as well.Indeed, federal lawyers had ceased to contest such cases A draft of what would become Bill C-38 was released on July 17, 2003, by the Liberal Minister of Justice, Martin Cauchon.In other provinces, lawsuits were launched seeking permission to marry.In 20, court decisions in the superior courts of Ontario, Quebec and British Columbia held that the restriction of marriage to opposite-sex couples was discriminatory and contrary to the equality clause of the Canadian Charter of Rights of Freedoms. The Federal Liberal Government had appealed the trial decisions to the provincial courts of appeal, but following the decision on the Ontario Court of Appeal, Prime Minister Chrétien announced on June 17, 2003 that the Federal Government would not seek to appeal the decisions to the Supreme Court.Following the 2006 election, which was won by a Conservative minority government under new Prime Minister Stephen Harper, the House of Commons defeated a motion to reopen the matter by a vote of 175 to 123 on December 7, 2006, effectively reaffirming the legislation.
This was the third vote supporting same-sex marriage taken by three Parliaments under three Prime Ministers in three different years, as shown below.
The decision of the Ontario Government to recognize two marriages that took place in Toronto on January 14, 2001, retroactively makes Canada the first country in the world to have a government-legitimized same-sex marriage (the Netherlands and Belgium, which legalized same-sex marriage before Canada, had their first in April 2001 and June 2003, respectively).
Same-sex marriage was originally recognized by law as a result of cases in which courts in eight out of ten of Canada's provinces, and in one of its three territories, ruled existing bans on same-sex marriage unconstitutional.
· CDMX Netherlands: · Netherlands proper New Zealand: · New Zealand proper Norway Portugal South Africa Spain Sweden Taiwan* United Kingdom: · England and Wales · Scotland · AX & DX, AC & TA · BM, AQ, IO, FK · GI, GG, IM, PN United States: · All 50 states · DC, GU, MP, PR, VI · some tribal jurisdictions Uruguay Andorra Australia: · ACT, NSW, QLD, · SA, TAS, VIC Austria Chile Croatia Cyprus Czech Republic Ecuador Estonia* Greece Hungary Italy Liechtenstein Mexico: · Tlaxcala Netherlands: · Aruba Slovenia Switzerland Taiwan Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005.
On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province it was legal.
More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was introduced.