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Same-Sex Marriage and Parenting in Canada

Same-Sex Marriage and Parenting in Canada. Andrew K. McBride Past Co-Chair Vital Statistics Council for Canada. Same-Sex Marriage. Same-Sex Marriage became legal in Canada by a ruling of an Ontario Court of Appeals on June 10, 2003. Same-Sex Marriage.

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Same-Sex Marriage and Parenting in Canada

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  1. Same-Sex Marriage and Parenting in Canada Andrew K. McBride Past Co-Chair Vital Statistics Council for Canada

  2. Same-Sex Marriage • Same-Sex Marriage became legal in Canada by a ruling of an Ontario Court of Appeals on June 10, 2003.

  3. Same-Sex Marriage • The definition of marriage falls within the constitutional authority of the Government of Canada (Federal Government). • Marriage has never been defined in law as being between a man and a woman. • The requirement for marriage to be between a man and a woman was established under common law (judge made law).

  4. Same-Sex Marriage • The Ontario Appeals Court ruling was the result of a conclusion that the common law definition of marriage contravened Section 15(1) of the Canadian Charter of Rights and Freedoms.

  5. Same-Sex Marriage • 15(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

  6. Same-Sex Marriage • In an “opinion” the Supreme Court of Canada supported the rulings of Provincial Courts of Appeal. • By the end of 2007 all provinces and territories had formally accepted same-sex marriage. • In December 2006, the Prime Minister, a supporter of one man and one woman, called it a dead issue in Canada

  7. Same-Sex Marriage • Some interesting facts • Since June 2003, we estimate there have been 10,000 same-sex marriages in Canada • There are an estimated 5,000 same-sex marriages in Canada per year (3.3%) • Of same-sex marriages identified: • 53% are female/female • 47% are male/male • Of those jurisdictions that keep statistics British Columbia is highest at about 5.8% (more than half are non-B.C. residents).

  8. Same-Sex Marriage • Some remaining issues • Civil servants right to refuse. • Concerns on the religious funds

  9. Same-Sex Parenting • Same-sex parenting can adopt in all jurisdictions in Canada • In 7 jurisdictions an adoption is always required. • In the other 6 jurisdictions an adoption or similar Court Order is required for male same-sex parents only.

  10. Same-Sex Parenting • In January 2007, the Ontario Court of Appeals issued an order establishing that a child can legally have 3 parents. • Mother • Mothers same-sex partner (co-parent) • Father (not living with mother)

  11. Questions

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