GOVERNMENT OF CANADA TO INTRODUCE LEGISLATION TO EXTEND
CIVIL MARRIAGE TO SAME-SEX COUPLES

OTTAWA, February 1, 2005 – Minister of Justice and Attorney General of Canada Irwin Cotler today introduced in the House of Commons the Civil Marriage Act, which will extend legal capacity for Civil Marriage to same-sex couples while respecting religious freedom.

The bill is based on the proposed legislation referred to the Supreme Court of Canada in the marriage Reference and includes consequential amendments to eight other federal statutes.

“This bill is anchored in the Charter of Rights and Freedoms – which is the expression and entrenchment of the rights and freedoms of all Canadians. The bill respects two foundational Charter guarantees - the right to equality – including the protection of minorities against discrimination – and freedom of religion,” said Minister Cotler. “It is the responsibility of Parliament to ensure that these minority rights are uniform across the country. Religious groups remain free to follow their beliefs and no religious official will be forced to perform marriages that are contrary to their beliefs.”

Parliament will make the final decisions about this bill in accordance with democratic principles. However, Parliament will have the benefit of the advice of the Supreme Court of Canada on the legal framework within which these decisions must now be made, as a result of its advisory opinion in the marriage Reference. As the Supreme Court put it, the purpose of the bill “far from violating the Charter, flows from it.”

“We understand that some Canadians are still struggling with this issue. But Canada is a land built on a tradition of tolerance and respect, rooted in a Charter that protects the equality rights of all Canadians,” stated Minister Cotler. “Extending civil marriage to same-sex couples does not take away the rights of any others, nor does it relate to religious marriage. I would urge Members of Parliament and all Canadians to consider and support this important legislation.”

The bill includes amendments to eight federal laws: the Canada Business Corporations Act, Canada Cooperatives Act, Civilian War-related Benefits Act, Divorce Act, Federal Law and Civil Law of the Province of Quebec Act, Income Tax Act, Marriage (Prohibited Degrees) Act, and Modernization of Benefits and Obligations Act. These amendments are being made to ensure the equal treatment of opposite-sex and same-sex married couples.

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Ref.:

Denise Rudnicki
Director of Communications
Office of the Minister of Justice
(613) 992-4621

Media Relations Office
Department of Justice
(613) 957-4207