RELEASE

Eight provinces are rejecting Justice Minister Martin Cauchon's call to approve same-sex marriages immediately, with some arguing that they would be breaking the law to allow homosexual weddings before new federal legislation is in place.

"Our legal analysis is that we are bound by the current federal definition of law and should we start issuing marriage licences in advance, they would not be legal documents," said Riva Harrison, communications director for the Manitoba Justice Department, summing up concerns echoed by officials in Quebec and Saskatchewan. "You would be leading people into the legal belief that their marriage is legal, only to find out upon a court challenge that in absence of the federal law being implemented, they don't have the legal grounds that they thought they would have."

This cautious stand taken by the majority of Canada's provinces, contrasts with the way in which the news media have portrayed the issue to the Canadian public.

For instance the National Post, in a clear swing to a more liberal editorial position, reported on June 11th, 2003 in a front page headline suggesting formal legal approval: "Ontario Allows Gay Marriage", following what was in fact an unconstitutional ruling by the Lower Ontario Court of Appeals on June 10th, 2003, which usurped the powers of Parliament.

No mention was made by the Post in it's June 11th front page article of the fact that only Parliament, subject to the amending formula and consent of at least eight provinces, can make changes to the Constitution.

Considering the July 16th draft legislation from the Justice Minister, clearly the federal government, which is responsible for marriage in Canada, wants to change the definition of marriage from one man and one woman, to read "any two persons" to include homosexuals in the definition of marriage.

This draft legislation legally opens the door for currently illegal forms of marriage such as brothers and sisters, a parent and a child, or other blood related persons, regardless of whether they are of the same or opposite sex.

The bill has been sent to the Supreme Court of Canada for reference to three questions provided by the Justice Minister, which allows the Judiciary once again to influence and shape legislation rather than Parliament, before there is a vote in Parliament.

Mr Cauchon, stunningly in the meantime, called on provinces to begin allowing gay marriage immediately. Only Ontario and British Columbia are doing so, in keeping with court rulings from the "Lower" Courts of Appeal, rather than the Supreme Court of Canada.

No other province plans to allow homosexual marriage until the federal legislation passes.

Provincial governments have a stake in the process because they are responsible for the "solemnisation" of marriage, including licenses and registration. In Quebec, the issue is still before the Quebec Court of Appeal, so the province would be jumping the gun to proceed with homosexual marriage in the meantime, said a Justice Department representative in Quebec City. In interviews, Justice Department spokespeople denounced Mr Cauchon's request as "perplexing" and "peculiar."

Patrick Charette, a representative for Mr Cauchon, said that it is up to the provinces to make their own decisions for the time being, but ultimately they will be forced to comply. "It is up to each province and territory to seek their own legal advice and make their own decision until there's a bill passed in Parliament," he said. "It's their area of expertise." He could not comment on whether the federal government believes there are legal grounds for the provinces to make changes in advance of new legislation.

John Sousar, a representative for the Nova Scotia Justice Department, acknowledged that a "complication" is that the province is in the middle of an election campaign and the Tory government does not want same-sex marriage to become an issue. Pro-family voters in that province are expected to ensure however, that it does.