OTTAWA -- The federal government is altering its request to the Supreme Court for a ruling on the contentious issue of gay marriage, a move that will likely delay a high court hearing until after an expected spring election.
Justice Minister Irwin Cotler announced Wednesday that he wants the court to clarify "whether the opposite-sex requirement is, with regard to the common-law definition of marriage, compatible with the Canadian Charter of Rights and Freedom."
Cotler said the move does not mark a shift in the government's position.
"Our support for same-sex marriage has not changed," he said, but added that "we are aware that there is division in this country."
Former prime minister Jean Chretien chose not to appeal an Ontario court ruling last year that struck down the traditional definition of marriage as an infringement of the rights of gays and lesbians.
Instead, Chretien announced that his government would draft legislation legalizing same-sex marriage, but would hold off introducing it in the House of Commons until the Supreme Court had ruled on its constitutionality.
Critics complained the government was jumping the gun. They maintained it should have asked the country's highest court to rule first on whether traditional marriage - or failing that, civil union - met constitutional requirements.
The issue has deeply divided the Liberal caucus. Martin and Cotler have been under intense pressure from backbench MPs who oppose same-sex marriage to buy some time by modifying the court reference.
The change to the reference raises procedural issues that make it difficult for the court to stick to its currently scheduled hearing date of April 16 for oral arguments from interested parties.
Martin is widely expected to call a federal election in April, a strategy that would have put the original hearing date in the middle of the campaign.
.................................................. ....................................
So if Martin is so confident in the support of his party, why wait until after the election? Why does he continue to delay the right of the people to have a say on this issue?
Justice Minister Irwin Cotler announced Wednesday that he wants the court to clarify "whether the opposite-sex requirement is, with regard to the common-law definition of marriage, compatible with the Canadian Charter of Rights and Freedom."
Cotler said the move does not mark a shift in the government's position.
"Our support for same-sex marriage has not changed," he said, but added that "we are aware that there is division in this country."
Former prime minister Jean Chretien chose not to appeal an Ontario court ruling last year that struck down the traditional definition of marriage as an infringement of the rights of gays and lesbians.
Instead, Chretien announced that his government would draft legislation legalizing same-sex marriage, but would hold off introducing it in the House of Commons until the Supreme Court had ruled on its constitutionality.
Critics complained the government was jumping the gun. They maintained it should have asked the country's highest court to rule first on whether traditional marriage - or failing that, civil union - met constitutional requirements.
The issue has deeply divided the Liberal caucus. Martin and Cotler have been under intense pressure from backbench MPs who oppose same-sex marriage to buy some time by modifying the court reference.
The change to the reference raises procedural issues that make it difficult for the court to stick to its currently scheduled hearing date of April 16 for oral arguments from interested parties.
Martin is widely expected to call a federal election in April, a strategy that would have put the original hearing date in the middle of the campaign.
.................................................. ....................................
So if Martin is so confident in the support of his party, why wait until after the election? Why does he continue to delay the right of the people to have a say on this issue?
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