I'm surprised no one seems to have posted about this, but as soon as next year gay marriage could be legalized across Canada (currently legal in 6 of 13 provinces and territories). The Liberals back when it was legalized in Ontario and the court ordered the government to read gay marriage rights into the provincial law, asked the Supreme Court to review a potential bill to legalize gay marriage by changing the wording to be "a union between two adults to the exclusion of all others." Probably this was a stall tactic to keep the issue out of the election.
The supreme court came back yesterday with a ruling that said they had the power to do so, and that if the federal definition changed, the provinces would NOT be allowed to use the notwithstanding clause to block it, as it would then contradict federal legislation in an area where they have no jurisdiction.
They also *refused to answer* the question as to whether a separate but equal civil union structure would be acceptable, as gay marriage has already become so firmly entrenched in so much of the country already, and because it contradicts the Liberals' public stance on the issue.
The question is, will the bill pass? If the Liberals can coalition with the Bloc Quebecois and the NDP to pass it, it will. But there's the potential for some Liberals to break with the party on the issue, and it doesn't seem likely that the party whip will be used because that would make it look bad if it passed. The Bloc and the NDP, however are almost sure to vote in favour. However, I believe the federal government is now *required* to either pass an act to allow gay marriage, or pass an amendment to the Charter of Rights and Freedoms that explicitly allows them to deny it (as the wording currently does not allow them to, as I understand it).
So yeah, I think this is pretty interesting. Canadians who feel strongly about this (and I know there are quite a few Canadians on this forum) should make sure to let their MPs know how they feel about this. This is basically the last opportunity for opposition, and the most important opportunity for those in favour.
The decision is here (and is quite readable)
Alberta's position on the bill to be put through Parliament is here
(there was some discussion about this in another thread, but I think it deserves its own)
The supreme court came back yesterday with a ruling that said they had the power to do so, and that if the federal definition changed, the provinces would NOT be allowed to use the notwithstanding clause to block it, as it would then contradict federal legislation in an area where they have no jurisdiction.
They also *refused to answer* the question as to whether a separate but equal civil union structure would be acceptable, as gay marriage has already become so firmly entrenched in so much of the country already, and because it contradicts the Liberals' public stance on the issue.
The question is, will the bill pass? If the Liberals can coalition with the Bloc Quebecois and the NDP to pass it, it will. But there's the potential for some Liberals to break with the party on the issue, and it doesn't seem likely that the party whip will be used because that would make it look bad if it passed. The Bloc and the NDP, however are almost sure to vote in favour. However, I believe the federal government is now *required* to either pass an act to allow gay marriage, or pass an amendment to the Charter of Rights and Freedoms that explicitly allows them to deny it (as the wording currently does not allow them to, as I understand it).
So yeah, I think this is pretty interesting. Canadians who feel strongly about this (and I know there are quite a few Canadians on this forum) should make sure to let their MPs know how they feel about this. This is basically the last opportunity for opposition, and the most important opportunity for those in favour.
The decision is here (and is quite readable)
Alberta's position on the bill to be put through Parliament is here
(there was some discussion about this in another thread, but I think it deserves its own)