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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 ...
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 .
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)
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 .
Canadian lesbian, gay, bisexual, transgender, and queer rights are some of the most extensive in the world. [5] [6] [7] Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 (also known as Bill C-150) was brought into force upon royal assent. [1]
Alberta passed a law invoking the clause in 2000 to define marriage as "between a man and a woman"; this law was effectively declared ultra vires by the Supreme Court of Canada because only the federal Parliament can define marriage. In 2021, Ontario passed a law invoking the clause to increase the time period during which third-party groups ...
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Ontario was the third jurisdiction in the world, after the Netherlands and Belgium, as well as the first jurisdiction in the Americas to legalize same-sex marriage. [3] The first legal same-sex marriage registered in Ontario was that of Paula Barrero and Blanca Mejias, married at the Emmanuel Howard Park United Church on September 29, 2001 by ...