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According to the Constitution of Canada, the definition of marriage is the exclusive responsibility of the federal government; this interpretation was upheld by a December 9, 2004, opinion of the Supreme Court of Canada (Reference Re Same-Sex Marriage). Until July 20, 2005, the federal government had not yet passed a law redefining marriage to ...
Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta , Prince Edward Island , the Northwest Territories , and Nunavut .
Canada Council for the Arts Act, 1957; Hospital Insurance and Diagnostic Services Act, 1957; Canadian Bill of Rights, 1960; Narcotic Control Act, 1961; Canada Labour Code, 1967; Criminal Law Amendment Act, 1968–69; Arctic Waters Pollution Prevention Act, 1970; Consumer Packaging and Labeling Act, 1970; Weights and Measures Act, 1970
Termination of marriage in Canada is covered by the federal Divorce Act. [29] A divorce may be granted for one of the following reasons: the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act) one party has committed adultery (s.8(2)(b)(i) of the Act)
Marriage of British Subjects (Facilities) Amendment Act 1916; Age of Marriage Act 1929 (19 & 20 Geo. 5. c. 36) Marriage Act 1939; Foreign Marriage Act 1947; Marriage Act 1949; Marriage Act 1949 (Amendment) Act 1954; Marriage Acts Amendment Act 1958; Marriage (Secretaries of Synagogues) Act 1959; Marriage (Enabling) Act 1960 (8 & 9 Eliz. 2. c. 29)
The Constitution of Canada is a large number of documents that have been entrenched in the constitution by various means. Regardless of how documents became entrenched, together those documents form the supreme law of Canada; no non-constitutional law may conflict with them, and none of them may be changed without following the amending formula given in Part V of the Constitution Act, 1982.
Same-sex marriage has been legal in Saskatchewan since November 5, 2004 as a result of a decision of the Family Law Division of the Saskatchewan Court of Queen's Bench. [1] [2] This decision followed similar cases in six other provinces and territories, and pre-dated by eight months the federal Civil Marriage Act of 2005, [3] which made same-sex marriage available throughout Canada.