Same-sex marriage in Ontario
Encyclopedia
The 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.
The legality of the marriages was questioned and they were not registered until after June 10, 2003, when the Court of Appeal for Ontario in Halpern v. Canada (Attorney General)
upheld a lower court ruling which declared that defining marriage
in heterosexual-only terms violated the Canadian
Charter of Rights and Freedoms.
The first legal same-sex marriage registered in Ontario was that of Paula Barrero and Blanca Mejias, married by banns at Emmanuel- Howard Park United Church on September 29, 2001 and registered the same year. The officiant was Rev. Dr. Cheri DiNovo (now MPP for Parkdale- High Park). The Office of the Registrar General apparently did not recognize the names as both being women and issued a marriage certificate. The marriage licence form requested only the names of the bride and groom, not the sex of the applicants.
All of these marriages were authorized by calling the banns in the spouses' churches. The first civil marriage license
issued to a same-sex couple was to Michael Stark and Michael Leshner
, who had the usual waiting period waived and completed the formalities of marriage just hours after the court ruling, on June 10, 2003.
, same-sex couples won the right to marry in the case of Halpern et al. v. Canada. The Court ruled that limiting marriage to opposite-sex couples violated the equality provisions of the Charter of Rights, giving the federal government a two-year stay of judgment in which to pass legislation implementing same-sex marriage; otherwise, same-sex marriage would come into force automatically.
There was a decision in 1993 by the same divisional Court in Layland v. Ontario
, which ruled that same-sex couples did not have the capacity to marry each other. However, that decision was non-binding as it was the same Court taking up the issue in 2002. One of the judges in the most recent case wrote "with respect, the decisions to which I have referred assumed, without analysis, that the inability of persons of the same sex to marry was a question of capacity. The decisions are not binding on this court and, with respect, I do not find them persuasive."
in being restricted to heterosexual couples. The appeals court struck down the stay of judgment given in the 2002 ruling, thereby causing the judgment to come into effect immediately.
Although marriage is a federal law, the court
only had jurisdiction
to implement the ruling within Ontario
. The province thus became the first jurisdiction in North America to recognize same-sex marriage. Consequently, the city government of Toronto
announced that the city clerk would begin issuing marriage licences to same-sex couples. The next day, the Attorney General of Ontario
announced that his government would comply with the ruling.
The court also ruled that two couples who had previously attempted to marry using an ancient common-law procedure called reading the banns would be considered legally married.
. http://www.theglobeandmail.com/servlet/story/RTGAM.20040913.wdivor0913/BNStory/National/
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. 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.
The legality of the marriages was questioned and they were not registered until after June 10, 2003, when the Court of Appeal for Ontario in Halpern v. Canada (Attorney General)
Halpern v. Canada (Attorney General)
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...
upheld a lower court ruling which declared that defining 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...
in heterosexual-only terms violated the Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
Charter of Rights and Freedoms.
The first legal same-sex marriage registered in Ontario was that of Paula Barrero and Blanca Mejias, married by banns at Emmanuel- Howard Park United Church on September 29, 2001 and registered the same year. The officiant was Rev. Dr. Cheri DiNovo (now MPP for Parkdale- High Park). The Office of the Registrar General apparently did not recognize the names as both being women and issued a marriage certificate. The marriage licence form requested only the names of the bride and groom, not the sex of the applicants.
All of these marriages were authorized by calling the banns in the spouses' churches. The first civil marriage license
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
issued to a same-sex couple was to Michael Stark and Michael Leshner
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 had the usual waiting period waived and completed the formalities of marriage just hours after the court ruling, on June 10, 2003.
Background: Superior Court ruling
On July 12, 2002, in a 3-0 decision of the Ontario Superior CourtOntario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
, same-sex couples won the right to marry in the case of Halpern et al. v. Canada. The Court ruled that limiting marriage to opposite-sex couples violated the equality provisions of the Charter of Rights, giving the federal government a two-year stay of judgment in which to pass legislation implementing same-sex marriage; otherwise, same-sex marriage would come into force automatically.
There was a decision in 1993 by the same divisional Court in Layland v. Ontario
Layland v. Ontario
Layland v. Ontario was a case brought towards the Ontario Divisional Court after a same-sex couple was denied a marriage license at Ottawa City Hall...
, which ruled that same-sex couples did not have the capacity to marry each other. However, that decision was non-binding as it was the same Court taking up the issue in 2002. One of the judges in the most recent case wrote "with respect, the decisions to which I have referred assumed, without analysis, that the inability of persons of the same sex to marry was a question of capacity. The decisions are not binding on this court and, with respect, I do not find them persuasive."
- Text of the ruling
- Summary of the decision from EGALE Canada
- http://www.canlii.org/eliisa/highlight.do?language=en&searchTitle=Layland+v.+Ontario+%28Minister+of+Consumer+&origin=%2Fen%2Freflex%2F21349.html&translatedOrigin=%2Ffr%2Freflex%2F21349.html&path=/en/bc/bcsc/doc/2001/2001bcsc1365/2001bcsc1365.html (Layland V. Ontario decision)
Court of Appeal ruling
In 2003, the couples in Halpern appealed the decision, requesting that the decision take effect immediately instead of after a delay. On June 10, 2003, the Court of Appeal for Ontario confirmed that current Canadian law on marriage violated the equality provisions in Section Fifteen of the Canadian Charter of Rights and FreedomsSection 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...
in being restricted to heterosexual couples. The appeals court struck down the stay of judgment given in the 2002 ruling, thereby causing the judgment to come into effect immediately.
Although marriage is a federal law, the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
only had jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to implement the ruling within Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
. The province thus became the first jurisdiction in North America to recognize same-sex marriage. Consequently, the city government of Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
announced that the city clerk would begin issuing marriage licences to same-sex couples. The next day, the Attorney General of Ontario
Attorney General of Ontario
The Attorney General of Ontario is a senior member of the Executive Council of Ontario and governs the Ministry of the Attorney General of Ontario - the department responsible for the oversight of the justice system within the province. The Attorney General is an elected Member of Provincial...
announced that his government would comply with the ruling.
The court also ruled that two couples who had previously attempted to marry using an ancient common-law procedure called reading the banns would be considered legally married.
Provincial Legislation
On February 24, 2005 Bill 171 An Act to amend various statutes in respect of spousal relationshipshttp://www.ontla.on.ca/bills/bills-files/38_Parliament/Session1/b171ra.pdf was passed in the provincial legislature which performed 'housekeeping' on various Ontario laws, to bring their wording into line with the court ruling. As well, the bill ensures that no religious institution or clergy will be forced to perform a ceremony against their beliefs. There is no such provision for civil officials.Divorce
On September 13, 2004, the Ontario Court of Appeal declared the Divorce Act also unconstitutional for excluding same-sex marriages. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorceDivorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
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