bbc.co.uk - supreme court ruling
New Zealand Herald - Same-sex marriage is now legal in Canada
 | In July of 2003 ontario became the first province in Canada to make same-sex marriage legal. Since that time, a majority of provinces, and the Yukon Territory, have ruled in favour of allowing same-sex unions. On July 20, 2005, the Senate ruled that same-sex couples must be granted the right to marriage, in every province and territory. | ||||||||||||||||
Holland, Belguim, and Spain are the only other countries where same-sex marriage is legal. However, unlike these three countries, Canada does not have citizenship requirements. As such, Canada is fast becoming a world-wide same-sex marriage destination, with Toronto billing itself as "Canada's Gay-Marriage Capital." Indeed, thousands of couples from Canada, the United States, and around the world have come to Toronto to realize their marriage dreams. | |||||||||||||||||
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1979
The Canadian Human Rights Commission recommends in its Annual Report that "sexual orientation" be added to the Canadian Human Rights Act.
Feb. 5, 1981
More than 300 men are arrested following police raids at four gay bath houses in Toronto, the largest mass arrest since the War Measures Act was invoked during the October Crisis. The next night, about 3,000 people march in downtown Toronto to protest the arrests. This is considered to be Canada's 'Stonewall.' (See world timeline for the 1969 "Stonewall Riots" in the U.S.)
October 1985
The Parliamentary Committee on Equality Rights releases a report titled "Equality for All." The committee writes that it is shocked by the high level of discriminatory treatment of homosexuals in Canada. The report discusses the harassment, violence, physical abuse, psychological oppression and hate propaganda that homosexuals live with. The committee recommends that the Canadian Human Rights Act be changed to make it illegal to discriminate based on sexual orientation.
In March 1986, the government responds to the report in a paper titled "Toward Equality" in which it writes "the government will take whatever measures are necessary to ensure that sexual orientation is a prohibited ground of discrimination in relation to all areas of federal jurisdiction."
1988
Svend Robinson, of the New Democratic Party, goes public about being gay, becoming the first Member of Parliament to do so. Robinson was first elected to the House of Commons in 1979. In 2000, the B.C. riding of Burnaby-Douglas (though its borders have changed) elected Robinson for the eighth time.
August 1992
In Haig and Birch v. Canada, the ontario Court of Appeal rules that the failure to include sexual orientation in the Canadian Human Rights Act is discriminatory. Federal Justice Minister Kim Campbell responds to the decision by announcing the government would take the necessary steps to include sexual orientation in the Canadian Human Rights Act.
November 1992
The federal court lifts the country's ban on homosexuals in the military, allowing gays and lesbians to serve in the armed forces.
Dec. 9, 1992
As promised, Justice Minister Kim Campbell introduces Bill C-108 which would add "sexual orientation" to the Canadian Human Rights Act. But the act, which would also restrict the definition of "marital status" to opposite-sex couples, doesn't pass first reading.
On June 3, 1993, the Senate passes Bill S-15, another attempt at adding "sexual orientation" to the Canadian Human Rights Act, but the bill doesn't make it to the House of Commons because Parliament is dissolved for the 1993 federal election.
1996
The federal government passes Bill C-33 which adds "sexual orientation" to the Canadian Human Rights Act.
May 1999
The Supreme Court of Canada rules same-sex couples should have the same benefits and obligations as opposite-sex common-law couples and equal access to benefits from social programs to which they contribute.
The ruling centred on the "M v. H" case which involved two Toronto women who had lived together for more than a decade. When the couple broke up in 1992, "M" sued "H" for spousal support under ontario's Family Law Act. The problem was that the act defined "spouse" as either a married couple or "a man and woman" who are unmarried and have lived together for no less than three years.
The judge rules that the definition violates the Charter of Rights and Freedoms and declares that the words "a man and woman" should be replaced with "two persons." "H" appeals the decision. The Court of Appeal upholds the decision but gives ontario one year to amend its Family Law Act.
Although neither "M" nor "H" chooses to take the case any further, ontario's attorney general is granted leave to appeal the decision of the Court of Appeal which brought the case to the Supreme Court of Canada.
The Supreme Court rules that the ontario Family Law Act's definition of "spouse" as a person of the opposite sex is unconstitutional as was any provincial law that denies equal benefits to same-sex couples. ontario is given six months to amend the act.
Feb. 11, 2000
Prime Minister Jean Chrétien's Liberals introduce Bill C-23, the Modernization of Benefits and Obligations Act, in response to the Supreme Court's May 1999 ruling. The act would give same-sex couples who have lived together for more than a year the same benefits and obligations as common-law couples.
In March, Justice Minister Anne McLellan announces the bill will include a definition of marriage as "the lawful union of one man and one woman to the exclusion of all others."
On April 11, 2000, Parliament passes Bill C-23, with a vote of 174 to 72. The legislation gives same-sex couples the same social and tax benefits as heterosexuals in common-law relationships.
In total, the bill affects 68 federal statutes relating to a wide range of issues such as pension benefits, old age security, income tax deductions, bankruptcy protection and the Criminal Code. The definitions of "marriage" and "spouse" are left untouched but the definition of "common-law relationship" is expanded to include same-sex couples.
July 21, 2000
British Columbia's Attorney General Andrew Petter announces he will ask the courts for guidance on whether Canada's ban on same-sex marriages is constitutional, making his province the first to do so. Toronto was the first Canadian city to ask for clarification on the issue when it did so in May 2000.
May 10, 2002
Ontario Superior Court Justice Robert McKinnon rules that a gay student has the right to take his boyfriend to the prom.
Earlier, the Durham Catholic District School Board said student Marc Hall couldn't bring his 21-year-old boyfriend to the dance at Monsignor John Pereyma Catholic high school in Oshawa. Officials acknowledge that Hall has the right to be gay, but said permitting the date would send a message that the Church supports his "homosexual lifestyle."
Hall went to the prom.
July 12, 2002
For the first time a Canadian court rules in favour of recognizing same-sex marriages under the law. The ontario Superior Court rules that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms. The court gives ontario two years to extend marriage rights to same-sex couples.
As a result of the ontario ruling, the Alberta government passes a bill banning same-sex marriages and defines marriage as exclusively between a man and a woman. The province says it will use the notwithstanding clause to avoid recognizing same-sex marriages if Ottawa amends the Marriage Act.
Also, a ruling against gay marriages is expected to be heard in B.C. by the province's Court of Appeal in early 2003, and a judge in Montreal is to rule on a similar case.
July 16, 2002
Ontario decides not to appeal the court ruling, saying only the federal government can decide who can marry.
July 29, 2002
On July 29, the federal government announces it will seek leave to appeal the ontario court ruling "to seek further clarity on these issues." Federal Justice Minister Martin Cauchon says in a news release, "At present, there is no consensus, either from the courts or among Canadians, on whether or how the laws require change."
Aug. 1, 2002
Toronto City Council passes a resolution calling the common-law definition restricting marriage to opposite sex couples discriminatory.
June 10, 2003
The ontario Court of Appeal upholds a lower court ruling to legally allow same-sex marriages. "The existing common law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (the charter)," read the decision. The judgment follows the ontario Divisional Court ruling on July 12, 2002.
Hours after the ruling, Michael Leshner and Michael Stark are married in a ceremony in Toronto. Both men played a key role in the court case.
June 11, 2003
Ontario attorney general Norm Sterling announces that the province will obey the law and register same-sex marriages. Nearly two dozen homosexual couples applied for marriage licences in ontario on June 10.
July 8, 2003
British Columbia becomes the second province to legalize same-sex marriages. The British Columbia Court of Appeal lifts its ban on same-sex marriages, giving couples in the province the right to marry immediately. The decision alters a ruling that would have made same-sex marriages legal, but not until July 2004. The court had already agreed that the definition of marriage should be the union of "two persons" rather than of one man and one woman." ontario was the first province to recognize same-sex marriages as legal.
Aug. 13, 2003
Prime Minister Jean Chrétien vows not to let religious objections alter his stand on same-sex marriage. He says members of Parliament will be allowed to vote freely on the bill when it's introduced in the House of Commons after his retirement in 2004. A significant number of Liberal MPs say they do not support same-sex unions and will vote against the legislation.
Aug. 14, 2003:
After extensive and emotional debate, the United Church of Canada votes overwhelmingly to endorse same-sex marriages. The majority of delegates at the church's general council meeting in Wolfville, N.S., vote to ask Ottawa to recognize same-sex marriage in the same way as heterosexual ones.
March 19, 2004
The Quebec Court of Appeal rules that homosexuals have the right to marry, and that the traditional definition of marriage is discriminatory and unjustified. The ruling upholds a lower-court decision and follows similar decisions in ontario and B.C.
July 16, 2002
Ontario decides not to appeal the court ruling, saying only the federal government can decide who can marry.
July 29, 2002
On July 29, the federal government announces it will seek leave to appeal the ontario court ruling "to seek further clarity on these issues." Federal Justice Minister Martin Cauchon says in a news release, "At present, there is no consensus, either from the courts or among Canadians, on whether or how the laws require change."
Aug. 1, 2002
Toronto City Council passes a resolution calling the common-law definition restricting marriage to opposite sex couples discriminatory.
June 10, 2003
The ontario Court of Appeal upholds a lower court ruling to legally allow same-sex marriages. "The existing common law definition of marriage violates the couple's equality rights on the basis of sexual orientation under (the charter)," read the decision. The judgment follows the ontario Divisional Court ruling on July 12, 2002.
Hours after the ruling, Michael Leshner and Michael Stark are married in a ceremony in Toronto. Both men played a key role in the court case.
June 11, 2003
Ontario attorney general Norm Sterling announces that the province will obey the law and register same-sex marriages. Nearly two dozen homosexual couples applied for marriage licences in ontario on June 10.
July 8, 2003
British Columbia becomes the second province to legalize same-sex marriages. The British Columbia Court of Appeal lifts its ban on same-sex marriages, giving couples in the province the right to marry immediately. The decision alters a ruling that would have made same-sex marriages legal, but not until July 2004. The court had already agreed that the definition of marriage should be the union of "two persons" rather than of one man and one woman." ontario was the first province to recognize same-sex marriages as legal.
Aug. 13, 2003
Prime Minister Jean Chrétien vows not to let religious objections alter his stand on same-sex marriage. He says members of Parliament will be allowed to vote freely on the bill when it's introduced in the House of Commons after his retirement in 2004. A significant number of Liberal MPs say they do not support same-sex unions and will vote against the legislation.
Aug. 14, 2003:
After extensive and emotional debate, the United Church of Canada votes overwhelmingly to endorse same-sex marriages. The majority of delegates at the church's general council meeting in Wolfville, N.S., vote to ask Ottawa to recognize same-sex marriage in the same way as heterosexual ones.
March 19, 2004
The Quebec Court of Appeal rules that homosexuals have the right to marry, and that the traditional definition of marriage is discriminatory and unjustified. The ruling upholds a lower-court decision and follows similar decisions in ontario and B.C.
Sept. 16, 2004:
A Manitoba judge ruling in the Court of Queen's Bench declares the current definition of marriage "no longer constitutionally valid in view of the provisions of the Charter of Rights and Freedoms." Neither federal nor provincial lawyers attempted to oppose the lawsuit launched by three Manitoba couples. Officials in the province begin issuing marriage licences to same-sex couples shortly thereafter.
Sept. 24, 2004:
In the Nova Scotia Supreme Court, Justice Heather Robertson rules that banning same-sex marriages in unconstitutional, effectively changing the definition of marriage in the province to "the lawful union of two persons to the exclusion of all others."
Nov. 27, 2003:
Alliance Leader Stephen Harper Thursday fires MP Larry Spencer as family issues critic after Spencer said homosexuality should be outlawed. Spencer told the Vancouver Sun that homosexuality is part of a "well orchestrated" conspiracy that should be outlawed, a Canadian Alliance MP says.
Dec. 9, 2004:
The Supreme Court of Canada rules that the federal government can change the definition of marriage to include same-sex couples, but does not answer whether such a change is required by the Charter. It also reaffirms that religious leaders can not be compelled to perform same-sex marriages.
Dec. 21, 2004:
Newfoundland and Labrador is the seventh province to legalize same-sex marriage after a Supreme Court judge approves the licences for two lesbian couples.
Feb. 1, 2005:
The federal government introduces its same-sex marriage bill in the House of Commons. The bill, if passed, would give married same-sex partners the same legal recognition as other married couples, but protects religious freedoms, the Liberals say. "No church, no temple, no synagogue, no mosque, no religious official will be asked or forced to perform a marriage that is contrary to their beliefs," says Prime Minister Paul Martin.
April 25, 2005:
Four gay couples in New Brunswick file papers with the province's Court of Appeal asking it to redefine marriage to include same-sex unions. New Brunswick, the Northwest Territories, Nunavut, Alberta and Prince Edward Island are the only jurisdictions in Canada that don't recognize same-sex marriages.
May 3, 2005:
Two men, a Canadian Forces sergeant and a warrant officer, are married in the chapel at CFB Greenwood, N.S., in the military's first gay wedding.
May 20, 2005:
Jason Perrino and Colin Snow, a same-sex couple from Yellowknife, sue the government of the Northwest Territories over the right to be married.
June 16, 2005:
Bill C-38, the same-sex marriage bill, continues to be delayed in Parliament. The Liberals want the budget bill passed first, but it is being delayed by the Conservatives.
June 23, 2005:
MPs vote to extend the sitting of the House of Commons, giving the government more time to push through the same-sex marriage bill. This follows a written promise made by the Liberals to the Bloc Québécois that the legislation will be voted on before the end of the parliamentary session.
June 23, 2005:
New Brunswick's Court of Queen's Bench finds the province's current definition of civil marriage violates the rights of gay people. The ruling makes New Brunswick the eighth province where a court has opened the door to legal same-sex unions.
June 28, 2005:
The Liberals' controversial Bill C-38, titled Law on Civil Marriage, passes a final reading in the House of Commons, sailing through in a 158-133 vote, supported by most members of the Liberal party, the Bloc Québécois and the NDP. The vote came at a price for Paul Martin's minority government. Joe Comuzzi, the minister responsible for Northern ontario, resigned from the cabinet so he could vote against the bill – an open rebuke of the government legislation.
July 20, 2005:
Canada's same-sex marriage law receives royal assent as Chief Justice Beverley McLachlin, acting in her role as deputy governor general, signs it into law. Canada become the fourth country to legally recognize gay marriage, after the Netherlands, Belgium and Spain.
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