Canadian Law Essay

411 WordsMay 14, 20142 Pages
Should Same-Sex Marriages remain Legal in Canada? Same-sex marriages have been legal in Canada since 2003 and they should remain legal; there is no reason as to why this law should change. The rights of gay Canadians are now very well protected due to several court decisions decided under Section 15 of the Canadian Charter of Rights and Freedoms (CCRF) which was included in the Constitution of Canada in 1982. Section 15 of the CCRF (Equality Rights) states that " Everyone has the right to equality before the law and to equal protection of the law without discrimination because of race, national/ ethnic origin, color, religion, age or sex. " The Ontario Court of Appeal in “Halpern v. Canada” ruled that the exclusion of same-sex couples from the former legal definition of marriage violated Section 15 of the CCRF. In the case, “Egan V. Canada”, it was also established that sexual orientation constitutes a prohibited basis of discrimination under Section 15 of the CCRF. In 2003, the House of Commons Standing Committee on Justice and Human Rights began a formal study of same-sex marriage; the Standing Committee ultimately recommended to the federal government that it should accept the decision of the Ontario Court of Appeal and change the former legal definition of marriage to include same-sex couples. Finally, the Civil Marriage Act (Bill C-38) became law on July 20th, 2005; this act extends the legal definition of marriage to include same-sex couples. The Act also extends full legal benefits and obligations of marriage to same-sex couples. It took a lot of work (research, resources, etc.) to make same-sex marriages legal in Canada, and it was a well informed decision. There is no reason as to why same-sex marriages should not remain legal in Canada. Sources "Constitution Acts, 1867 to 1982." Legislative Services Branch. N.p., n.d. Web. 18 Nov. 2013. . "Decisions -

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