Canada is one of the leading countries in the gay marriage movement, legalizing gay marriage in 2006. Gay marriage, already permitted in many jurisdictions as a result of court decisions, were extended throughout the country by removing the restriction of sex in the definition of marriage – a federal responsibility. This situation has changed due to court decisions that have pushed the federal government to adjust its law unconstitutional. Extend the definition of marriage at all was an improvement to unions that had been extended by several provinces to same sex.
The definition of marriage is a federal jurisdiction, and federal law before 2005 defined marriage as the union of two persons of opposite sex. Before the adoption of Bill C-38, the appellate courts in eight provinces and one territory have all found this definition as discriminatory against the Canadian Charter of Rights and Freedoms , and therefore void (depending on system force in Canada, Justice ensures the equivalent of a constitutional review of laws).
- the Ontario since 10 June 2003 ,
- the British Columbia since 8 July 2003 ,
- the Quebec since 18 March 2004 ,
- the territory of Yukon since 14 July 2004 ,
- the Manitoba since 16 September 2004 ,
- the Nova Scotia since the 24 September 2004 ,
- the Saskatchewan since 5 November 2004 ,
- Newfoundland and Labrador since 21 December 2004 ,
- the New Brunswick since 23 June 2005 .
This judgment, with 9 of 13 provinces and territories, rendered unconstitutional the former provision of the Federal Code and it became imperative to redefine marriage to the relégaliser constitutionally. Immediately, the federal government tabled Bill C-38, entitled Civil Marriage Act , to legalize marriage between same sex couples across the Canadian territory, removing the restriction of sex.
This bill was passed (by 158 votes against 133) by the House of Commons on 28 June 2005 , it was approved by the Senate (by 47 votes against 21) on 19 July 2005 and received the following day the Royal Assent . Thus, 20 July 2005 , the legislation is finally adopted and Canada became the third country in the world to allow its territory throughout the marriages of same-sex partners, and the first in America .
The victory of conservatives in the 2006 general elections of January 23 was temporarily opened a period of uncertainty about the future of gay marriage in Canada . Prime Minister Stephen Harper saw that there was never a truly free vote on this, because the cabinet members Liberal , and the caucus NDP as a whole, were forced to vote in favor of the proposed law (a Liberal cabinet minister was forced to resign in order to vote against the bill, and the only NDP MP to vote against removing himself saw his position as spokesman, and subsequently lost the nomination of his riding association). So he had promised that his government would reconsider the issue in the fall of 2006 by holding a free vote on a motion to restore the traditional definition of marriage.
On 7 December 2006 , he introduced a motion which read: “That this House requests the Government to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting the existing marriages of same sex. “The motion was defeated with 175 votes against and 123 votes for. Several members who voted against Bill C-38 introducing homosexual marriage in 2005 voted against the motion to restore traditional marriage in 2006. Two opposition parties, or theBloc Quebecois and New Democratic Party, forced their MPs to vote along party lines, that is to say against the motion and the vote was not freer than the last time. However, Stephen Harper said he will never again vote on the matter. Most analysts believe that the motion had been presented as to fulfill the campaign promise made during the 2006 election and the Prime Minister hoped to lose the vote in order to leave the matter behind him before the next federal election.