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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.
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)
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; Divorce Act, 1968 - replaced by Divorce Act, 1985; Canada Wildlife Act, 1973; National Symbol of Canada Act, 1975; Anti-Inflation Act 1975; Immigration Act, 1976
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 ...
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 .
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)
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
On April 12, 2005, a vote was held on an amendment to Bill C-38 proposed by the Leader of the Opposition, Stephen Harper. The amendment would have stopped C-38 from advancing and maintained the "traditional" definition of marriage. The proposed amendment was defeated by a vote of 164 to 132.