Same-Sex Marriage

In 2005, Canada became one of the first countries to legalize same-sex marriage. Julia Belton explains the Supreme Court reference and its impact on family law.

Before marriage was defined by statute, it was defined by the common law. Historically, marriage was defined as the voluntary union of a man and a woman for life, to the exclusion of all others.

How did this change?

The reference regarding same-sex marriage, which was decided by the Supreme Court of Canada in 2004, paved the way for the federal government to legalize same-sex marriage in Canada. The Supreme Court also reaffirmed the principle that the Constitution is a living tree. So, it’s going to progress and grow over time and adapt to the modern realities.

The Supreme Court also held that the proposed legislation from the federal government that would redefine marriage to include same-sex couples was consistent with the Canadian Charter of Rights and Freedoms, and that led to the Civil Marriage Act enacted in 2005; the first time that marriage was defined by statute as the lawful union of two persons to the exclusion of all others.

What was the significance of this decision?

It was one of the multiple steps that led to same-sex couples to be able to get married, because before then, they would only be able to be common-law spouses. The modern-day application of it is that when we think of marriage and family law, we won’t distinguish between same-sex couples and couples of opposite sex.

All of the legislation that applies to married couples will also apply to married same-sex couples

Julia Belton is a Family Law lawyer at Thomson Rogers LLP. She is committed to employing a client-centred approach in her practice. She is dedicated to improving access to justice in French and can assist clients with their legal matters in both official languages. She can also discuss with clients in Spanish. You can reach Julia at 416-868-3233 or by email.