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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)
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 ...
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 .
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867 . The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act .
Reference Re Same-Sex Marriage [2004] 3 S.C.R. 698, 2004 SCC 79, was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. The ruling was announced December 2004, following arguments made two months prior.
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
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Civil marriage should adapt to contemporary notions of marriage as an institution in a society which recognizes the rights of homosexual persons to non-discriminatory treatment." The court gave the Government of Canada until July 2, 2004 to change the definition of marriage to include same-sex couples, similar to the ruling issued in Ontario.