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Prime Minister Stephen Harper addresses the crowd in Halifax on Thursday, Jan. 12, 2012.  (Andrew Vaughan / THE CANADIAN PRESS) Justice Minister Rob Nicholson speaks at the Canadian Club of Toronto, Friday, Jan. 13, 2012. Justice Minister Rob Nicholson speaks at the Canadian Club of Toronto, Friday, Jan. 13, 2012.

Justice minister says all same-sex marriages 'valid'

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The federal government is changing same-sex marriage laws to make it easier for foreign couples to get divorced. CTV's Ottawa Bureau Chief Robert Fife has more.
CTV Winnipeg: Easier divorces for couples
The federal justice minister said Friday all same-sex marriages performed in Canada are legally recognized. Jon Hendricks reports.
Power Play: All same-sex marriages legal
Justice Minister Rob Nicholson says they're not opening up the subject of same-sex marriages, but that they're going to make changes to the civil marriage act to clarify the rules that will allow someone to dissolve that marriage.
CTV News Extended: Gov't to change Marriage Act
Justice Minister Rob Nicholson says the government has no intention of re-opening the debate on the definition of marriage. He also discusses the changes the government will make to the Civil Marriage Act.
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CTV's legal analyst says the government lawyer made a reckless mistake in not recognizing the legality of same-sex marriages where their marriage wasn't recognized in their own home country.

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Prime Minister Stephen Harper addresses the crowd in Halifax on Thursday, Jan. 12, 2012.  (Andrew Vaughan / THE CANADIAN PRESS) Justice Minister Rob Nicholson speaks at the Canadian Club of Toronto, Friday, Jan. 13, 2012. Justice Minister Rob Nicholson speaks at the Canadian Club of Toronto, Friday, Jan. 13, 2012.

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Prime Minister Stephen Harper addresses the crowd in Halifax on Thursday, Jan. 12, 2012.  (Andrew Vaughan / THE CANADIAN PRESS)

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Date: Fri. Jan. 13 2012 9:41 PM ET

Canada's justice minister says all same-sex marriages performed in Canada are legally recognized and the government is working to ensure foreign couples married here can divorce if they chose to.

"Marriages performed in Canada that aren't recognized in couple's home jurisdiction will be recognized in Canada," Justice Minister Rob Nicholson said Friday in Toronto.

"I want to be very clear that our government has no intention of reopening the debate on the definition of marriage," he added.

The statement comes one day after it was learned Justice Department lawyers were arguing a foreign lesbian couple that married in Canada could not apply for divorce here because their marriage wasn't valid.

Nicholson said the Divorce Act will be updated so those couples can apply for divorce in Canada if they feel the need to.

"I want to make it clear that in our government's view, these marriages are valid," Nicholson said.

The justice minister blamed the former Liberal government that legalized gay marriage for the "legislative gap" that resulted in the confusion.

But Liberal interim leader Bob Rae said the justice department's legal position on gay marriage makes no sense.

"It would be like saying that an (interracial) South African couple that married in the 1960s, their marriage wouldn't be valid in Canada because you couldn't have interracial marriages in South Africa (at the time)," Rae told CTV's Power Play Friday. "That's a preposterous conclusion to come to."

Nicholson said the Civil Marriage Act will be changed so that all marriages performed in Canada that aren't recognized by the couple's own jurisdiction will still be recognized in Canada.

"The situation where someone can be validly be married in Canada and then not be able to dissolve their marriage because they cannot meet the residency requirement is something we need to address," Nicholson said on Power Play Friday.

Political opponents of the Harper government jumped on the opportunity to suggest the Conservatives were reopening the gay marriage debate.

One Canadian legal expert on same-sex marriage said she's quite concerned that the Conservatives have decided to tinker with the Civil Marriage Act.

"With a majority government in place, I think that's a risk that Canadian society cannot afford to take," Queen's University law professor Kathleen Lahey said in a telephone interview from Kinsgton, Ont.

She argues that re-opening the act in Parliament is a back-door way to introduce other changes to the act.

"The real problem with fixing an alleged legislative gap in the Civil Marriage Act is that there is no legislative gap in that act, and therefore, there is nothing to fix in that act," Lahey said. "If opening that act up is supposed to introduce a fix, then presumably someone might want to do something else with it while it is open and in front of Parliament."

She said the government could just simply withdraw its legal case before the courts to resolve the issue.

Critics have questioned why a government lawyer was arguing a marriage was not legal in Canada because the couple's home jurisdiction did not recognize gay marriage. It's unclear where the lawyer's direction was coming from.

When asked by CTV's Don Martin if the lawyer involved was taking a rogue position and if the Justice Department knew about the case, Nicholson answered the question without addressing the lawyer's direction.

Lahey said in her experience, it's unlikely that this specific legal case didn't draw the attention of senior officials.

"Lawyers who are willing to be aggressive in seeking out virtually any argument to defeat equality claims are allowed to do so," she said. "I don't know what level of scrutiny was put in this case, but the fact that both levels of government are in a simple divorce case is an indicator to me that somewhere higher up, someone was watching this.

"I'm not convinced that this is just a fluke or an accident that this argument was raised in this way."

Egale Canada, a lesbian, gay, bisexual,

and transgender (LGBT) human rights group, said it was pleased with the government's quick action.

"We see this as a good first step toward opening dialogue between this government and the LGBT community in Canada. We are open and eager to meet with this majority government to build a credible relationship that is not based on fear," the group's executive director, Helen Kennedy, said in a statement.

The Harper government went into damage control Thursday and has denied that they were looking into reopening any debate on same-sex marriage.

"We're not going to reopen that particular issue," Prime Minister Stephen Harper told reporters Thursday.

Comments are now closed for this story

Frank Puzzuoli
said

Gay marriage is legal in Canada. Harper clearly said the issue was not being reopened. Canada is a leader in equality and civil rights and It appears this is something Canadians and our government are very proud of. So can someone explain clearly why the current situation could effect gay marriage here in Canada? I didn't think so. There is no threat to gay marriage. I think perhaps some medias have really been pulling for something more then what has actually occurred. I'm sure the problematic hole in the legislation will be patched and this couple wishing for divorce will have their wish granted. Personally I think there are much more important issues that our government should be pressed with then this. Also the attention flagged could be better spent on more pressing Canadian issues.
Frank P


isallwon
said

If same sex couples get married in Canada but move to where their marriage is not recognized and then they decide on divorce in that place, don't worry about it, you are not married there anyway. In other words your marriage is not valid, so what are you sweating it for. Only if you return to Canada will it be valid again. What is the likelihood of that, returning to Canada, especially to live.


Sandra
said

A "destination" wedding, whether in Hawaii, Mexico, Jamaica, and now, good grief, Canada, MUST have the marriage validated by the couples' country of citizenship by doing all the necessary paperwork. The country where the wedding took place may allow gay marriage, but if the country of residence/citizenship does not, it's a moot point, it is NOT a valid marriage. Canada should have never allowed destination gay weddings to happen in the first place. Canadian weddings are valid for Canadian citizens. If you do something that is illegal in your country, don't expect it to be legal once you return there. It makes no sense, but now it's somehow Canada's fault. I don't think so.


Stu
said

Harper will do any thing to hang onto power, another 3 years & a bit and we'll have to good old fiscal liberals back in power.


Prof. Pye Chartt
said

The Conservatives haven't been staunch political advocates of same-sex marriage. (Shocking.) However, the Liberals officially made it law, and the sociocultural "issue" has been voted upon in the House of Commons subsequently, at the Conservatives' behest. That's it. Done. Harper & Company have made it clear, ad nauseam (including during campaigning for last May's election), that they have no interest, therefore, in revisiting the matter. To their political credit, they have now undertaken to rectify a problem resulting from the sloppy legislative work of their Liberal predecessors. Acting like there is still a legitimate political "problem" here, and calling the events of the last 24 hours a "flip-flop," is merely typical political flatulence from the anti-Conservative peanut gallery.


Ron
said

If your own country doesn't recognize the same sex marriage,whats the point in coming to Canada to get married?


James, Ontario
said

I agree with Frank Buchan, opposition to this issue is typically touted as a social conservative value but when it comes down to it there's no connection between gay rights and either side of the grand collectivist vs. individualist debate. It's very easy to conceive of a conservative, pro-gay ideology. It would be really sad to see a nation fall into socialism because the alternative is an anti-gay stalwart. Fortunately, those aren't really the options we're actually being presented with. (Despite persistent efforts to paint it that way)


Emily Dee
said

The problem is that Stephen Harper based much of his 2005 campaign challenging same-sex marriage. American James Dobson helped him out by running campaigns on 108 radio stations across Canada. An American interfering in our election. We can't trust Harper on the issue. He was pretty passionate in 2005, so what changed except a desire to hold onto power?


Frank Buchan
said

As a die-hard fiscal conservative, in response to Debbie's question, a question of my own: Where did you get the ridiculous idea gay people can't be political conservatives? But in direct response, most of the conservatives I know, not being evangelical types, couldn't care less about same-sex marriage either way.


Jason
said

"The real problem with fixing an alleged legislative gap in the Civil Marriage Act is that there is no legislative gap in that act, and therefore, there is nothing to fix in that act," Lahey said.So did you even read the act in question Mrs. Lahey? The is a clause there that says the marriage is not legal if it is not legal in their home jurisdiction, what part of that is confusing to you? How is that not a legislative gap? True the standard "formal validity" test states the marriage only needs to be valid in the jurisdiction which it was performed BUT by having a clause in the marriage act that contradicts that do you not leave a legislative gap? Just sayin


Sandra
said

If you got "married" in Canada but live elsewhere that doesn't recognize your marriage and then decide to "divorce", what's the big deal?Download a form from the Canadian gov't website, have YOUR lawyer fill it out and submit it. The Canadian gov't will rubber stamp it. Simple.The division of assets, child support, whatever, should be left up to YOUR lawyers in your own jurisdiction, without ever having your "marriage" in Canada be an issue.Just leave us out of it. Your mess, you clean it up. Don't burden Canadians with your problems.


Debbie
said

The Conservatives will never say anything against the gay community for two reasons: 1- they would lose too many votes and 2- some of their own members are rumoured to be gay. What's the reaction of all you diehard Conservative supporters now?


S in Vancouver
said

Let me explain the controversy, since a great deal of the commenters below are insane: 1. A foreign lesbian couple applied to be divorced. 2. A government lawyer believed that, according to the laws on the books in Canada, that their marriage wasn't valid. 3. The government said the lawyer's interpretation is not correct and has stated they will clarify the wording in the law. 4. There is no 4. That's all this story is about. This reactionary nonsense is getting to be a bit much.


Doug
said

This whole issue is one of legal matter which would not be here if the legislation had been done right to begin with. The reason the Conservatives blame the Liberals is because they have been in power the most often and hence have made the most errors when building legislation. No one to blame just fix it. From what I have seen Politian’s of the day are just stating the obvious


Ace in Alberta
said

Whats the matter with you slow witted, 'enlightened' liberals. You have over looked the opportunity to blame PM Harper for the divorce of these two foreign lesbians. Tsk Tsk


One Egg Roll - Ottawa
said

Always thought the definition of marriage and divorce act are Federal, but issuing licences and details of divorce are in control of Provincial Courts, so this creates a jurisdictional and international legal problem one would think. A reporter asked Liberal Bob Rae at Noon time and he flapped his gums with not much of an answer, go figure. One would think that the marriage is legal here but it would be up to where the couple live to go to their courts and find out how to work out properties etc. should one want out of the marriage.


Sandra
said

So let's close this legal loophole: You must be a Canadian citizen to apply for a marriage license in Canada. If you are a Canadian citizen then you are required to abide by Canadian law, gay, straight or whatever else may be heading down the pike.Don't come here to get married and the expect us to clean up your mess when it goes wrong after you've gone back to wherever you live and pay taxes.


Ivan
said

I'd like a clear statement on why this federal lawyer chose to challenge such marriages and at what level this direction originated. If this was just an over zealous lawyer, then fine. But this smells of a neo-con ideological agenda at work - prove me wrong that it isn't.


peter in mb
said

For the love of god The justice minister has said he will fix this problem the “legislative gap" that was left open by the Liberals. So the Case is now Closed!!! So to all you upset whining leftwing Harper haters out there, go chase your tails and I am sure you will find something else to complain about tomorrow.


cmcents
said

Fire the federal lawyer!


shawbrooke
said

And how would letting the civil marriage act alone also provide a divorce for the couple that is requesting a divorce? The civil service usually answers specific questions from their MInisters but actually they are quite secretive. Would most people be fully informed by the words no matter how many words there are.


Sandra
said

So tired of special interest groups demanding that Canada change its laws to accommodate them.Why should taxpayers foot the bill for ANY of this? Divorce lawyers should be the only ones involved, not the government. The law is clear on this issue. If you marry in Canada, no matter who you are, you need to reside in Canada to be eligible for divorce proceedings under Canadian law. And then, YOU pay your lawyers to deal with it and stop demanding special dispensation from Canadians, or demand that we change OUR laws to accommodate YOU.Same thing for sharia law. Don't like it here, then leave.If you want to get married in Canada to circumvent the law where you come from, then you must reside in Canada and be a contributing member of society and become a taxpayer, just like (most) of the rest of us. If you can't do this, then go get married in the US in another state where gay marriage is allowed and leave us out of your legal mess and your complaining.


len
said

should never let this happen in the first place it is grosse an agenst all morales to be married to same sex . just plain wrong!!!


Jason Daniel Baker, Toronto
said

Puts Canada in line with modern Europe. I never would have thought in a million years that a government like the one Harper leads would even consider championing gay marriage. I think that a lot of old Reform/Canadian Alliance people are gonna be shocked by this.


kg1
said

Justin: 100% agree with your statement..


kg1
said

I am ok with the politicians not discussing this, we have more important issues to deal with


Chris - Kitchener
said

That's a real shame!


Bucko
said

Regardless of the outcome this Minister and for that matter Harper's front bench can't seem to somewhere in any pontification speak for themselves without playing the blame game.


Tuttle
said

Harper's offical position on gay marriages depends on the poles. However its well known that the cons want to return to the 1950s, when gays, women and children had NO RIGHTS.Do people really believe anything the Con have to say? After telling us that we can afford all the tax brakes that went to Corporations and richest people. Then bribing people into voting for them by cutting the GST, And now the Cons are cutting services to sick hungry and poor to pay for those cuts.Stealing form the poor to give to the rich I; am ashamed to be Canadian. Why else would you vote con unless you are one? Guess who will have to pay down the debt and balance the budget? the Con who ran the bill up by giving money to their friends "legal only after they changed the law" or the Liberals who have done so before and will do so again!


unloving ideological robot
said

Once again Harper flip-flops after shooting himself in the foot... again. It is amazing that "intelligent" people can continue to support a man who is well in over his head. Has Steve ever considered becoming a model?


Chris in Kingston
said

Are you kidding me? The Conservatives know as well as any other intelligent person that opening up the same-sex marriage debate is the quickest way out of government at the next election. They wouldn't dare do anything other than clarify a legal issue that was brought up by a clever divorce lawyer. Anyone that suggests the Conservatives are going to use the opportunity to change legislation is quite clearly looking for their 5 minutes of fame on the national news.


Peter
said

The 'storm' over this issue is because worldwide media has noticed what Canada says and what it does are often far apart and it affects others. We have docile or bought-off media in Canada. If memory serves, all major newspapers but the Toronto Star backed Harper and seem to run interferece for his government. You can certainly lie to your own people but stuff like that tends to get noticed internationally. Yet another black eye for Canada.


GB
said

This just means that gay people from those countries who still live in the middle ages, such as Saudi Arabia, Yemen, United States, Bangladesh etc. can now get married here and it is as legal as a straight couples marriage.


Remarkable
said

Gay and Lesbian couples divorcing? Why, I thought that those marriages were suppose to last way beyond the expectancy of a straight couples marriage. If gay and lesbian couples do chose to divorce, then like every straight couple the law should be equally applie to them as well, which includes division of property, spousal support, child support, etc. they are all under the law.


peter in mb
said

Re “Thanks to the massive public outrage the government returns their dagger to it's holster for another day” Don’t worry Jason I am sure all you lefties will find something else to complain about today. Like its Friday the 13th so it must be Harpers fault.


MARG MM
said

The Conservative Government is closing a "legislative gap" that was left open by the Liberals. What is wrong with that??? Same sex marriage is legal in Canada and will remain so. If couples from other countries choose Canada as the place they wish to get married they should make sure that they inform themselves of all the legalities beforehand. Now I will await for Canadian Bob to find something wrong with my comment as he is so prone to do, after all, only his comments and those of his "friends" are relevent on this site.In his mind everyone else is either stupid or uneducated, especially if they lean towards the Conservatives. Now I guess my comment won't be posted by CTV.


DANIEL H
said

I am sure that my ex will be glad to hear this news.


whatnow53j
said

ok so all same sex marriage are legal in canada. Same sex divorces is a right afforded to those married couples just like opposite sex couples. Why would the gay trans community not be happy with this? Am I reading it wrong? please explain.


James Green
said

I remember this debate, the Commons had an official debate and vote under Paul Martin's government pushed by Opposition Leader Stephan Harper.After the vote went the other way, Harper said the matter was closed and would not be reopened.Seems to be hes sticking to his promase and this is opponents jumping on a bad oppertunity.


Andrew in Dundas
said

I voted Conservative and do in fact support gay marriage. The left-wing nuts in this country are running on empty... You just can't admit Harper's a great PM. Your attempts to make him look like a radical are cute. I'm just thankful we live in a country where this is actually considered news.


Guelph Observer
said

OK, so who can we believe here, a hack politician or lawyers who know the law? As one post noted, the neo-con daggers are being quietly but quickly sheathed on this one.


Prof. Pye Chartt
said

The "political story" that never was. I feel bad for anti-Conservatives like "Canadian Bob" who got their little "hidden agenda" campfire peed on, and now have to concoct their usual phony triumphant spin in partisan desperation, to save face. (Eggs? Yeah. Scrambled.)


Marriage now divorce
said

we all know what this government's attitude is towards gays and lesbians and we all know how secretive and deceptive this government is as well so no apologies are needed from anyone, left, right or centre as it's become quite clear how this "Harper" government (not Canada's government) will push its hidden agenda if there is no resistance but the days of giving up and knuckling under to their jack boot gestapo bully tactics are over! This government is now on notice from the Canadian people and it would do well to pay heed as, just like with marriage, you can win an election but Canadians can divorce from you too!!!


Alk
said

Maybe if we stopped fight over who can be married and focused our attentions on the people we married, maybe we can get the divorce rate under 60% and make marriage an institution worth fighting for again.


Debbie
said

Why is it when the Conservatives misstep they blame the Liberals?


Wild woman 39
said

I think the Conservatives better discipline their supporters . I just heard the other day from people who vote for their party that they are against same sex marriage.So there is a huge problem in the Conservatives on this topic.


Ron
said

Overreaction by the left and politically correct. Couldn't even understand the issue. I have no problem with same sex unions but why Canada allows are legal system to get tied up with non residents is beyond me. Don't we have anough issues to tie up our courts?


ChrisM
said

Marcel's comments are most appropriate. This current stupidity and media "gotcha," further reinforces the view that the best and brightest do not go into politics. No one with talent and ambition would subject themselves to this. Toronto's mayor is continuously harrassed, his family threatened, and his life negatively impacted partly due to the media's portrayal of him and his policies. I am sure he's asking himself if it is worth it. It most certainly is NOT.


Jason
said

Thanks to the massive public outrage the government returns their dagger to it's holster for another day. They tried to poke a fatal wound in Canada's marriage laws so they could have a reason to re-open the case in the Commons. This government should be famous for double speak by now, and promising not to pen it, they did, deceptively. They hoped it would play out quietly, and then provide the missive to adjust Canada's internal laws. Canadians called BS! I'm proud of Canada today.


George
said

I am a gay man and I very much oppose this decision. Again it is another example of how we as Canadians are expected to bend over and accommodate foreigners. All of these foreign couples should have studied our laws before coming here and entering a legal contract and they have nobody to blame but themselves. Think of the tax dollars that will be spent in the future when more of these couples come here to file for divorce. Knee jerk emotional responces from every one. That's all this was...


JPC
said

Just another excuse for the left wing to jump around and make noise. I voted Conservative AND I support gay marriage FYI.This is once again a dumb attempt to make headlines. Move on people, there's nothing to see here.


Dave. Ottawa
said

Ok, so if you are citizens of another country and get married in Canada, but your home country does recognize your marriage, why do you need a divorce in the first place? According your laws, you are not married which is pretty much the same as being divorced, without all the legal mumbo jumbo. Just divide up your stuff and go your separate ways, no harm, no foul.


Chris
said

Come on, we recognize same-sex marriages at all costs and at all levels. If something goes wrong within this law, I don't even know where the gays and lesbians and trans will ever fit into society comfortably.


L
said

The Canadian government isn't stepping into the business of other jurisdictions. To me it goes like this: If you get married in Canada, you are married ANYWHERE, not matter if you are gay or straight. If you could get married here and it wasn't considered a marriage outside of this country, we would have people running around with all kinds of multiple marriages (polygamy). If people have a destination wedding, it is considered a marriage in this country because when you are married in one place you are married everywhere - or at least you should be. It's not like they are trying to open the debate in those countries - they are just making it equal with all people who are civilly married. What's the big deal? At the end of the day they are just fixing the law and they are making it a political debate at the same time. Let's move on.


GC in Ont
said

This should make everyone happy now..Ironic how supporters of gay marriages fought for many years against bigotry and intolerance but now won't offer any understanding to those don't agree with their lifestyle. Not everyone opposed to gay marriage is a right wing religious zealot. Disagreement does not equal hatred. Open your minds people


dkjd
said

OK lets start hearing the apologies from all the lefties who over reacted and jumped down the goverments thoat.


Justin
said

Thats what I said yesterday - its legal in Canada. If you go back to the USA or Saudia Arabia or Afghanistan etc, its illegal in those jurisdictions. Canadian laws can not dictate the laws of soverign countries. Why are people confused? I dont understand the reaction.


Canadian Bob
said

A Justice Minister completely out of touch with the Justice Department lawyers who are completely out of touch with the law. I remember in 2006 a Conservative government getting defeated in their bill to re-open the same sex marriage law for debate. They were against it then, and and they are against it now. But yes... that's right, blame the Liberals. When you've got egg on your face as a result of your own shortcomings, blame the farmer, not the chicken. Cluck Cluck, Cluck.


glenn
said

why did canada even get involved in this.


Mathieu
said

they better not shoot marriages down, it would require to make the our Constitution null and void and now that 80 percent of Canadians support same sex marriage as oppose to prior to legalizing it 40 percent supported it, means the issue is not an issue, and it needs not to be re-opened, that the divorce act just needs to be change, and wa la!, leave it alone from then on!


Marcel
said

The storm over this issue illustrates why a lot of good people do not want to get into politics. What was obviously along-standing inadvertent gap between two sets of laws gets turned into a conspiracy. Even CTV's Don Martin got into the act his morning, claiming the government was back-pedalling from what they were trying to sneak through. Who needs this crap? Why would any good person who could be an effective public servant submit him or herself to this sort of harassment day in and day out? Over the years I have been asked to consider running by two parts - none of them NDP - but I'm so glad I turned them down precisely for days like today.


SVCR
said

Let's just CLOSE the book on the whole issue!!!


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