Halpern v. Canada (Attorney General)
Encyclopedia
Halpern v. Canada, [2003] O.J. No. 2268 is a notable June 10, 2003 decision of the Court of Appeal for Ontario where the Court found that the common law
definition of marriage
, which defined marriage as between one man and one woman, violated section 15
of the Canadian Charter of Rights and Freedoms
.
The unanimous Court found that the exclusion of same-sex couples was a clear violation of the Charter and moreover did not constitute a "reasonable infringement" under section 1
. In this respect the judgment followed much of what had been ruled elsewhere. Thus, the two same-sex marriages performed by Brent Hawkes
on January 14, 2001 were legal on the day they were performed.http://www.samesexmarriage.ca/legal/ontario_case/cer300604.htm
Surprisingly, the Court also held that there was to be no suspension of the remedy as it applied to the general population and that the new definition allowing same-sex couples to marry would take effect immediately. Michael Leshner and Michael Stark
, who were applicants in this case, became the first gay couple married after the decision. The Globe and Mail
, in choosing the "Nation Builders of the year," selected the judges involved in the case, namely Chief Justice Roy McMurtry
, Eileen Gillese and James MacPherson.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
definition of marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
, which defined marriage as between one man and one woman, violated section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
The unanimous Court found that the exclusion of same-sex couples was a clear violation of the Charter and moreover did not constitute a "reasonable infringement" under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
. In this respect the judgment followed much of what had been ruled elsewhere. Thus, the two same-sex marriages performed by Brent Hawkes
Brent Hawkes
Brent Hawkes, is a Canadian clergyman. Since 1977, he has served as senior pastor of Metropolitan Community Church of Toronto for LGBT parishioners, and is one of Canada's leading gay rights activists....
on January 14, 2001 were legal on the day they were performed.http://www.samesexmarriage.ca/legal/ontario_case/cer300604.htm
Surprisingly, the Court also held that there was to be no suspension of the remedy as it applied to the general population and that the new definition allowing same-sex couples to marry would take effect immediately. Michael Leshner and Michael Stark
The Michaels
The Michaels is a public name used to refer to the couple Michael Stark and Michael Leshner. They were the men who in 2003 entered into the first legal same-sex marriage in Canada, and were consequently named the Canadian Newsmakers of the Year by Time magazine.-Background:Leshner is a lawyer and...
, who were applicants in this case, became the first gay couple married after the decision. The Globe and Mail
The Globe and Mail
The Globe and Mail is a nationally distributed Canadian newspaper, based in Toronto and printed in six cities across the country. With a weekly readership of approximately 1 million, it is Canada's largest-circulation national newspaper and second-largest daily newspaper after the Toronto Star...
, in choosing the "Nation Builders of the year," selected the judges involved in the case, namely Chief Justice Roy McMurtry
Roy McMurtry
Roland "Roy" McMurtry, OC, OOnt is a judge and former politician in Ontario, Canada and the current Chancellor of York University.-Early life:McMurtry was born in Toronto and educated at St. Andrew's College, graduating in 1950...
, Eileen Gillese and James MacPherson.
See also
- List of notable Canadian Courts of Appeal cases
- Same-sex marriage in OntarioSame-sex marriage in OntarioThe first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....
- Same-sex marriage in CanadaSame-sex marriage in CanadaOn July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...