Three Provinces File Notices of Intent to Challenge Same-Sex Marriage
By KIM LUNMAN
Ottawa — The federal government's plan to legalize same-sex marriage is facing challenges at the Supreme Court from Alberta and Quebec, and British Columbia has reserved the right to step in as well. The three provinces have filed notices of intent to intervene in the federal government's reference to the top court of its draft bill to legalize gay marriage.
Quebec is not opposed to same-sex marriages but wants to preserve civil unions in that province as well as its rights over marriage licences and registries, a provincial official said.
Alberta would not elaborate on its reasons for opposing the proposed legislation. "We've taken the step that is appropriate to enable us to participate," said Michael Shields, a spokesman for Alberta Justice. "At this point, Alberta will consider all its options. ... We're not going to discuss the details of our arguments."
Ottawa's same-sex marriage legislation faces the toughest opposition from Alberta, where the Tory government passed its own law in 2000 declaring marriage a union between one man and one woman. Premier Ralph Klein has said he is bound by that. Mr. Klein has threatened to invoke the Charter of Rights and Freedoms' notwithstanding clause to override any federal or judicial attempt to strike down its marriage bill. The Constitution gives Ottawa jurisdiction over defining marriage, but also gives provinces responsibility for issuing marriage licences.
The issue of jurisdiction is at the centre of Quebec's intention to intervene. "We want to be heard on the matter," said Jacques Tetrault, a spokesman for Quebec's Attorney-General, Marc Bellemare. Quebec already has civil unions for same-sex couples. It is the third Canadian province in which courts have ruled the federal ban on gay marriage is unconstitutional. It passed a law last year to give same-sex couples almost all the rights that married couples have under the province's Civil Code. Meanwhile, an Quebec Court of Appeals decision due in September may make that province the next one after Ontario and B.C. to recognize same-sex marriages.
Yesterday was the deadline for provinces to intervene in Ottawa's reference to the top court. It is seeking an opinion on the constitutionality of its draft bill to legalize same-sex marriage in Canada.
British Columbia's Attorney-General's office said yesterday the province has filed a notice to intervene despite statements Thursday to the contrary. Yesterday, Curtis Albertson, director of communications for Attorney-General Geoff Plant, said B.C. has filed a notice in the Supreme Court. "It's unclear what the nature of the intervention is," said Mr. Albertson, attributing an official's comments Thursday to a mixup. He said the province might not even go ahead. "B.C. is preserving its right to intervene if it chooses," he said. "If we choose, we can proceed. We're still early on." Mr. Plant, who has previously said marriage is a federal issue, was not available for comment.
The Ontario government has said it will not intervene. While B.C. and Quebec were on the court's file yesterday, it could take several more days to process other requests to intervene in the case, a court official said.
Prime Minister Jean Chrétien announced in June that Canada would legalize same-sex marriage after a string of court rulings declared existing marriage laws discriminatory. The proposed legislation has been referred to the Supreme Court for an opinion on its constitutionality before being put to a free vote in Parliament. So far, 50 of 171 Liberal MPs have said they will vote against the bill. Liberal MP Pat O'Brien released a letter to the Prime Minister yesterday, accusing him of wrongly dismissing Liberal MPs' concerns. The government is asking the Supreme Court for answers to three questions in the reference. They are: if Parliament has the exclusive legislative authority to change the legal definition of marriage; if extending the capacity to marry to persons of the same sex is consistent with the Charter of Rights and Freedoms; and if the Charter protects religious officials "from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs."
Provinces have an automatic right to intervene in the reference because it is a constitutional issue. But other potential interveners, including religious groups and gay activists, must ask the court for status.
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P.O. Box 6013, Station A
Toronto, Ontario
M5W 1P4
Phone: 1-905 824-6526
Fax: 1-905 785-0091
Email: info@ccicinc.org
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