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Canada government: We will legalize gay marriage.

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  • Canada government: We will legalize gay marriage.

    It appears not only will the Ontario ruling not be overruled, but instead extended to all of Canada. From the New York Times:



    Canada to Allow Same-Sex Marriages
    By THE ASSOCIATED PRESS


    Filed at 8:37 p.m. ET

    TORONTO (AP) -- Canada will change its law to allow homosexual marriage, joining Belgium and The Netherlands as the only countries where same-sex couples can legally wed, Prime Minister Jean Chretien announced Tuesday.

    Chretien said the new law would be drafted within weeks and submitted to the Supreme Court of Canada for review, then put to a Parliament vote. His Liberal Party has a commanding majority in the legislature, though the issue has caused division in the Liberal caucus.

    The announcement means the government decided against appealing recent court rulings that declared the nation's definition of marriage as unconstitutional because it specified the union of a man and woman.

    An Ontario appeals court last week declared that wording invalid, changing it to a union between two people.

    ``There is an evolution of society,'' Chretien said in making the announcement after a Cabinet meeting. He said the law would allow religions the right to decide what marriages should be sanctified.

    An Anglican diocese in Vancouver has approved a blessing for same-sex unions, which it says is separate from marriage. The blessing ceremony, performed once so far, caused a split in the diocese with some churches dissociating themselves.

    Opinion polls indicate a slight majority of Canadians favor legalizing same-sex marriages. After the Ontario appeals court ruling and similar previous ones by courts in British Columbia and Quebec, the government was under pressure to change the law or file appeals that would have left the issue unsettled.

    Justice Minister Martin Cauchon said Tuesday it was time for change.

    ``We have decided not to appeal those rulings ... and proceeded with draft legislation that will be ready shortly ,'' he said. The new law would redefine marriage as called for by the courts while protecting religious freedoms, according to Cauchon.

    ``We're talking about essential freedoms here,'' he said.

    Svend Robinson, a Parliament member for the leftist New Democratic Party who has pushed for same-sex marriages in Canada, praised Chretien's government for showing leadership. He rejected opposition by conservative political groups, who argue that changing the definition of marriage uproots a fundamental tenet of Canadian society.

    Dozens of homosexual couples have obtained marriage licenses in the week since the court ruling, with at least one wedding taking place.

    In the United States, homosexual marriage lacks full legal recognition in all 50 states. Vermont recognizes civil unions that give homosexual couples the full benefits and responsibilities of marriage but are separate from legal marriage.

    ``Americans now have the chance to see a society can treat gay people with respect,'' said Evan Wolfson, executive director of the New York-based Freedom to Marry organization promoting homosexual marriage. ``Families are helped, and no one is hurt.''
    Last edited by Shi Huangdi; June 17, 2003, 21:13.
    "I'm moving to the Left" - Lancer

    "I imagine the neighbors on your right are estatic." - Slowwhand

  • #2
    It won't happen in Alberta, Klein has vowed to use the notwithstanding clause to declare that it doesn't apply to Alberta.
    "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
    Ben Kenobi: "That means I'm doing something right. "

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    • #3
      Originally posted by Asher
      It won't happen in Alberta, Klein has vowed to use the notwithstanding clause to declare that it doesn't apply to Alberta.
      Can a Canadian province simply defy the national government like that?
      "I'm moving to the Left" - Lancer

      "I imagine the neighbors on your right are estatic." - Slowwhand

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      • #4
        Yeah, that's exactly the purpose of the notwithstanding clause.
        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
        Ben Kenobi: "That means I'm doing something right. "

        Comment


        • #5
          Under what conditions can they use the notwithstanding clause? Any? Can they reject any law from the central government?

          But, overall, good news. Chretien came down on the right side of the issue.
          Tutto nel mondo è burla

          Comment


          • #6
            The nothwithstanding clause (or override power) is the name of the legislative power under section 33 of the Canadian Charter of Rights and Freedoms. The federal Parliament or a provincial legislature may declare a law or part of a law to apply temporarily "notwithstanding" certain sections of the Charter. Essentially, using it to negate any federal, provincial or judicial review by overriding the rights enuciated in the Charter for a limited period of time. This is done by including a section in the law specifically specifying which rights have been overridden. Such a declaration lapses after five years or a lesser time specified in the clause, although it may be re-enacted indefinitely. The rationale behind having a five year expiry date is that it is also the maximum amount of time that the Parliament or legislature may sit before an election must be called. Therefore, if the people wish for the law to be repealed they have the right to elect representatives that will carry out the wish of the electorate. Although, if fundamental rights such as - freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association - can be overridden, then this begs the question of whether or not the people do have the right to do so.

            The use of this clause is most noted for its inclusion in the Quebec language law, known as Bill 101, after sections of that law was found unconstitutional by the Supreme Court of Canada in Ford v. Quebec (A.G.). On December 21, 1989 the Premier of the Province of Quebec employed the "notwithstanding clause" to override freedom of expression (section 2b), and freedom equality (section 15). This allowed the Province of Quebec to continue the restriction against the posting of any commercial signs in languages other than French.

            The only other use of the notwithstanding clause to date was with respect to a labor law passed by the Province of Saskatchewan. In this case the law was later ruled to be consistent with the Charter of Rights and Freedoms, making the use of the clause unnecessary. However, Ralph Klein, Premier of the Province of Alberta has declared that he will implement the nothwitstanding clause to prevent any Supreme Court of Canada order that allows marriage between same sex partners.

            The use of this clause has come to be seen as an increasingly dangerous political option for governments.
            "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
            Ben Kenobi: "That means I'm doing something right. "

            Comment


            • #7
              Why pretend that it is a temporary measure in light of the Quebec example?
              I make no bones about my moral support for [terrorist] organizations. - chegitz guevara
              For those who aspire to live in a high cost, high tax, big government place, our nation and the world offers plenty of options. Vermont, Canada and Venezuela all offer you the opportunity to live in the socialist, big government paradise you long for. –Senator Rubio

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              • #8
                We also have a Senate whose only purpose is to temporarily delay bills 60 days if they don't like them.
                And Senators are appointed for life by the Prime Minister.
                "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                Ben Kenobi: "That means I'm doing something right. "

                Comment


                • #9
                  Also, this doesn't mean it'll be legalized.

                  It means they'll propose a bill in the House of Commons to legalize it, and if a majority in the house votes, then it'll be passed. If the majority reject it, it won't pass.

                  And Chretien is letting the Liberals (who hold the majority) to "vote their conscience" rather than "vote the party line", which means it's not guaranteed (the Liberals are split on it internally).
                  "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                  Ben Kenobi: "That means I'm doing something right. "

                  Comment


                  • #10
                    Another thing to blame Canada about!

                    Everything changes, but nothing is truly lost.

                    Comment


                    • #11


                      It won't happen in Alberta, Klein has vowed to use the notwithstanding clause to declare that it doesn't apply to Alberta.


                      Why is Klein such a bastard? He and Smith are both so very undeserving of their offices. Watching Smith nearly burst into tears as he was forced to declare Gay Pride Day made my stomach turn.


                      I bet Raj Pannu would never invoke 'the Clause'...



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                      • #12
                        Meh, Klein's being stupid, but he's gone on the record of supporting the same legal rights for gays, he just takes issue with using the term "marriage" since marriage is, in his opinion, a religious institution.

                        The whole issue of gay marriage is largely symbolic only, the legal rights already exist aside from that.

                        BTW, the last time I saw Raj he was standing in a corner of Mac Hall at the UofC talking to an enthused crowd of about a half-dozen or so.
                        "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
                        Ben Kenobi: "That means I'm doing something right. "

                        Comment


                        • #13
                          Originally posted by Mr. President
                          Another thing to blame Canada about!

                          Yes, we can blame Canada for being a progressive country which grants rights to all of its citizens without discriminating! DAMN THEM TO HELL!
                          Tutto nel mondo è burla

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                          • #14
                            Originally posted by Asher
                            We also have a Senate whose only purpose is to temporarily delay bills 60 days if they don't like them.
                            And Senators are appointed for life by the Prime Minister.
                            That sounds a lot like the British House of Lords.

                            and yay gay marriages!
                            Click here if you're having trouble sleeping.
                            "We confess our little faults to persuade people that we have no large ones." - François de La Rochefoucauld

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                            • #15
                              Originally posted by Asher
                              BTW, the last time I saw Raj he was standing in a corner of Mac Hall at the UofC talking to an enthused crowd of about a half-dozen or so.
                              What's wrong with being in touch with one's electorate? Are expensive dinners in stilted suits with a reserved company of about a half-dozen or so that much better?
                              Blog | Civ2 Scenario League | leo.petr at gmail.com

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