Canada } Equal Marriage Law to be Change to Include Non Canadians
REUTERS/Peter Jones/Files
Henry Pabian, (L), and Jason Rawls of Ohio toast cheering crowds along the route of the Pride Parade in Toronto in this June 29, 2003 file photo. The Canadian government, on January 12, 2012, abruptly started to argue that the same-sex marriages of many foreigners who wed in Canada are not valid, a move that stunned the gay community and could affect thousands of couples
By Thandi Fletcher
OTTAWA — The federal government is working quickly to change the law so that the marriages of the thousands of gay couples who travel to Canada to wed are legally recognized in this country.
“We want to make it very clear that in our government’s view, these marriages should be valid,” a senior government official said on Friday.
“That’s why we will change the Civil Marriage Act so that any marriages performed in Canada that aren’t recognized in the couple’s home jurisdiction will be recognized in Canada.”
The legislative change will apply to all marriages performed in Canada regardless of the laws of the jurisdiction in which the couple live, the official said.
But in a separate statement Thursday, federal Justice Minister Rob Nicholson said the Harper government has no plans to reopen the debate on same-sex unions and the definition of marriage.
“I will be looking at options to clarify the law so that such marriages performed in Canada can be undone in Canada,” he said.
The statements came in the wake of a political firestorm that broke out Thursday after international headlines suggested the Canadian government doesn’t legally recognize the marriages of foreign same-sex couples who were married in Canada because they could not legally do so in their home state or country.
The controversy was sparked by a Toronto court case involving a foreign lesbian couple, who wed in Toronto in 2005, now seeking a divorce.
The couple wed in Toronto in 2005. Under a court order, they cannot be named.
A federal lawyer contended the couple cannot divorce in Canada under this country’s laws since they were never really married here.
REUTERS/Paul Darrow
Prime Minister Stephen Harper speaks to workers at the Halifax Shipyard in Halifax Thursday. Harper claimed the government had 'no intention of further opening or reopening' of the gay marriage debate in Canada.
Their marriage is not recognized in Canada if it is not recognized in their home jurisdictions — in this case, Florida and England, the lawyer said.
Friday’s amendment would fix a legislative gap in the Civil Marriage Act, the official said, and legally recognize the validity of same-sex marriages in Canada.
However, under the current law, Mr. Nicholson acknowledged that marriages of non-Canadian residents performed in Canada “could not be dissolved in Canada.”
Under the Divorce Act, there is a residency requirement that a couple must live in the country for at least a year in order to divorce here.
The government will not yet be looking at changes to the Divorce Act, as that legislation is much more complicated, the official said.
The official said the Conservative government is moving quickly on the issue.
“The confusion and the pain that is resulting from this gap is completely unfair to those who are affected, and I think we saw that yesterday in the coverage of these poor people who woke up to this news,” the official said.
Prime Minister Stephen Harper, while speaking in Halifax Thursday, was quick to attempt to dispel the controversy. Although he said he didn’t know much about the case, he was clear that his government “has no intention of further opening or reopening this issue.”
I claim no special insight into the workings of Stephen Harper’s mind. But if the Tories were looking to re-open the gay marriage debate, this would have to be the strangest way they could ever hope to go about it. Do people seriously believe that the Tories have been sitting on a plan, waiting for an impatient non-resident same-sex couple to file a Charter challenge so they can divorce in a hurry, so that they can spring it into action?
Postmedia News with files from the National Post
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