Civil Marriage Act (2005)

Civil Marriage Act (2005)
Title	Civil Marriage Act
Year	2005
Citation	S.C. 2005, c. 33
Enacted by	Parliament of Canada
Royal assent	December 20, 2005
Commenced	December 20, 2005
Status	amended

Civil Marriage Act (2005) The Civil Marriage Act (2005) is a statute enacted by the Parliament of Canada that defines marriage for civil purposes as the union of two persons. The Act codified decisions from the Ontario Superior Court of Justice, British Columbia Supreme Court, and other provincial courts, and provided a federal standard complementing rulings from the Supreme Court of Canada. It was passed during the tenure of the 27th Canadian Ministry and received royal assent under Elizabeth II.

Background and Legislative Context

The passage of the Act followed a series of provincial rulings in jurisdictions such as Ontario, British Columbia, Quebec, Manitoba, and Newfoundland and Labrador that expanded marriage recognition after litigation involving parties represented by organizations like the Canadian Civil Liberties Association, the Canadian Foundation for Advancement of Human Rights, and the Egale Canada Human Rights Trust. High-profile cases before the Ontario Court of Appeal and the Supreme Court of Canada influenced parliamentary consideration alongside advocacy by groups including Harper government opponents, supporters from the Liberal Party of Canada, and allies in the New Democratic Party and the Bloc Québécois. International comparisons were noted with statutes and rulings in United States v. Windsor, the European Court of Human Rights, and legislative reforms in Netherlands, Belgium, and Spain.

Text and Provisions of the Act

The Act’s core provision states that marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others. It includes definitions and ensures that persons previously validly married under laws of provinces such as Ontario Marriage Act, Alberta Marriage Act, and British Columbia Marriage Act are recognized. The statute contains provisions affecting clergy and religious officials affiliated with institutions like the United Church of Canada, the Anglican Church of Canada, and the Roman Catholic Church (Latin Church), ensuring that no religious official, including ministers from Evangelical Fellowship of Canada congregations or rabbis from the Canadian Jewish Congress, is compelled to perform marriages contrary to conscience. The Act interacts with federal laws administered by agencies including Employment and Social Development Canada, Immigration, Refugees and Citizenship Canada, and the Canada Revenue Agency in contexts such as benefits, sponsorship, and taxation.

Parliamentary Debate and Passage

Debate in the House of Commons of Canada and the Senate of Canada featured speeches by figures such as Paul Martin, Stephen Harper, Irwin Cotler, and senators including Michael Kirby and Raymonde Gagné. Parliamentary committees including the Standing Committee on Justice and Human Rights examined submissions from the Canadian Bar Association, the Federation of Canadian Municipalities, and faith-based organizations like the Canadian Conference of Catholic Bishops and the Evangelical Fellowship of Canada. Voting blocs formed within the Liberal Party of Canada, Conservative Party of Canada, New Democratic Party, and Bloc Québécois, and the final vote followed procedural rules set out in the Standing Orders of the House of Commons and precedents involving conscience votes and free votes.

Legal Challenges and Court Decisions

Following enactment, provincial courts and appellate courts considered the Act’s interplay with constitutional questions litigated in venues such as the Supreme Court of Canada and provincial courts like the Ontario Superior Court of Justice, the Quebec Court of Appeal, and the British Columbia Court of Appeal. Challenges invoked Sections of the Canadian Charter of Rights and Freedoms, including references to equality guarantees adjudicated in landmark cases before judges like Beverley McLachlin and other justices of the Supreme Court of Canada. Litigants included individuals represented by the Canadian Civil Liberties Association, civil society actors, and religious institutions such as the United Church of Canada and the Anglican Church of Canada seeking clarification on conscience protections.

Implementation and Administrative Effects

Federal-provincial administration required coordination with provincial officials such as registrars in Ontario, Quebec, and British Columbia and agencies including the Department of Justice Canada and the Privy Council Office. Implementation affected civil registries, marriage licensing in municipalities like Toronto, Montreal, and Vancouver, and administrative processes at institutions such as the Canada Pension Plan, the Canada Border Services Agency, and the Immigration and Refugee Board of Canada. Training and guidance were provided to officials including clerks and registrars, while advocacy groups such as Egale Canada Human Rights Trust and the Canadian Bar Association monitored compliance and administrative interpretation.

Political and Social Impact

The Act shaped political discourse involving parties like the Liberal Party of Canada, the Conservative Party of Canada, and the New Democratic Party, and influenced campaigns in federal elections overseen by the Chief Electoral Officer of Canada. It had social ramifications for communities represented by organizations such as the Canadian Centre for Diversity, PFLAG Canada, and denominational bodies like the United Church of Canada and the Roman Catholic Church (Latin Church). International commentators compared Canada’s statute to marriage laws in countries such as Netherlands, Spain, South Africa, and United Kingdom; jurisprudence cited developments in courts like the European Court of Human Rights and in decisions such as Goodridge v. Department of Public Health.

Subsequent Amendments and Related Legislation

Subsequent legislative adjustments and related statutes included changes in federal statutes impacted by the Act, administered by bodies such as Employment and Social Development Canada, Immigration, Refugees and Citizenship Canada, and the Canada Revenue Agency. Debates about related bills appeared in the House of Commons and the Senate of Canada, and provincial statutes such as the Ontario Marriage Act and the Quebec Civil Code were interpreted alongside the federal text. Non-governmental organizations, including the Canadian Bar Association and Egale Canada Human Rights Trust, continued to influence legal reform and policy discussions.

Category:Canadian federal legislation Category:2005 in Canadian law