BILL C-38 – THE CIVIL MARRIAGE ACT - RECEIVES ROYAL ASSENT

OTTAWA, July 20, 2005 – The Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada, announced today that the Civil Marriage Act has received Royal Assent.

The Act extends equal access to civil marriage to same-sex couples while respecting religious freedom, and will apply across Canada as of today. The Act represents the commitment of the Government of Canada to upholding the Constitution, including the Canadian Charter of Rights and Freedoms. "It is anchored in two foundational Charter rights", said Minister Cotler, "the right of every Canadian to equality without discrimination, and the right to freedom of religion. It protects the rights of minorities but does not take away the rights of anyone else, be they religious communities or opposite-sex couples."

Bill C-38 was the subject of intensive debate and discussion both in the public forum and within the House of Commons and the Senate. It was preceded by unanimous rulings of our courts in eight provinces and one territory, which found that the opposite-sex requirement for civil marriage is discriminatory and so violated the Charter; and by the unanimous opinion of the Supreme Court of Canada which upheld the constitutionality of same-sex marriage as being not only consistent with the Charter but flowing from it.

"Indeed", said Minister Cotler, "I would say that this has been an exemplary democratic discussion and debate - including the trialogue between Parliament, the people and the courts - and one carried out with dignity and respect for the wide range of deeply held views expressed. It is a tribute to Canada that such a debate can take place, demonstrating our values of respect for both equality rights and freedom of religion, as well as tolerance for diversity. Clearly, this Bill has been one of the most thoroughly studied and widely considered in recent memory."

"I want to personally thank the many groups and individual Canadians who actively and respectfully participated in this debate, by taking the time to appear before the House and Senate Committees, or by making their views known to their MPs," said Minister Cotler. "The Act is stronger for the fact that there has been so much involvement by so many on this important issue."

During the parliamentary process, three further references were added to the Bill, including a generic amendment "for greater certainty" to strengthen the freedom of religion principle, involving the protection against the withdrawal of any federal benefit, or the imposing of any sanction or obligation, by reason of any person or organization exercising their freedom of religion and conscience under the Charter, including the advocacy of marriage as the union of one man and one woman only.

The Act includes consequential 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 were made to ensure the equal treatment within federal law 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 Canada
(613) 957-4207