Gay marriage in Canada?

mandapanda78 · November 2009

I'm hoping someone around here (probably a Canadian citizen) can tell me about gay marriage laws in Canada. I believe it's legal there, but is that in all areas? What about immigration if one of the parties is not a Canadian citizen? No, I'm not thinking of running off with my lady lover, merely engaging in the fruitless endeavor of trying to understand the actions of my SIL.

Thanks!

Nebb · November 2009

I know that gay marriage is legal here, it became so in one province and then bled out to the rest so I think its legal in all provinces. I know nothing about immigration though.

mandapanda78 · November 2009

Fair enough, I figured the immigration part would be the tricky question. We're in a difficult situation here in the States because it's legal in some places, not in others, but either way Federal Law does not allow for immigration of either spouse.

aMrsin09 · November 2009

I certainly can't speak for Canada, but here in OZ, while Gay marriage isn't legal, all the immigration forms I've seen seem to consider a gay spouse/partner, as long as it's a legal relationship somewhere else.

sarabellam · November 2009

My sister's Godparent's son (didja follow that?) is married to his Canandian husband. I'll FB him and ask about immigration logistics, if you would like.

mandapanda78 · November 2009

Oh, that's interesting aMrs! I think I shall mention it to her. Thanks!

aMrsin09 · November 2009

I'm not saying they wouldn't question the ever loving hell out of it, but they don't seem to discount it either.

mandapanda78 · November 2009

Sarabellum that would be lovely, thank you. I would ask my SIL directly but I am just looking for an answer, not a thesis or a performance art piece.

ring_pop · November 2009

This is the site I referred to when I was looking up marriage requirements for myself. It states that there are no citizenship or residency requirements - any citizenship card from any country will be sufficient ID to apply for a license.

http://www.toronto.ca/marriage/index.htm

This is specifically for Ontario, but as Nebb mentioned, the requirements across are probably very similar since each province sets precedence for others.

ring_pop · November 2009

I think that the Canadian citizen can sponsor the spouse for immigration.

ring_pop · November 2009

http://www.cic.gc.ca/English/immigrate/sponsor/spouse-apply-who.asp

mandapanda78 · November 2009

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_gay-marriage-canada?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:7c677bae-e3eb-4453-8928-496ed485b8ddPost:2986242a-281a-428a-935b-db3e03838c68">Re: Gay marriage in Canada?</a>:
[QUOTE]I think that the Canadian citizen can sponsor the spouse for immigration.
Posted by ring_pop[/QUOTE]

Aha! See, that's what I'm looking for. Thanks ring_pop. I'm going to the Google Gods for more info. Their plan at the moment is to marry in Canada and then go teach English in Thailand for two years in hopes that when they are done the US will have totally legalized gay marriage and folded in immigration laws. My question is... what do they do in two years if that doesn't all come true? Why aren't they just staying in Canada? Just trying to find out of there's a similar legal reason there.

sarabellam · November 2009

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_etiquette_gay-marriage-canada?plckFindPostKey=Cat:Wedding BoardsForum:9Discussion:7c677bae-e3eb-4453-8928-496ed485b8ddPost:b79715de-611e-4a27-8660-2ce1d0d0eaab">Re: Gay marriage in Canada?</a>:
[QUOTE]Sarabellum that would be lovely, thank you. I would ask my SIL directly but I am just looking for an answer, not a thesis or a performance art piece.
Posted by mandapanda78[/QUOTE]
Okay, I just sent him a message. I don't know how long it will be before he answers, so I'll pass along the info as soon as I get it.

Anon I. Mouse · November 2009

Just so you know, each province does not set a binding "precedent" for the others as marriage is within the provincial powers. This means, provinces legislate marriage. This is why things like marriage license requirements, age requirements, etcetera differ from province to province.

However, what happens in one province can influence another.

Anyway, it is a bit complicated because of the jurisdictions here, but essentially Ontario (via the courts) was the first to allow for same-sex marriage in their Marriage Act by ruling in 2003 that the definition it had of marriage being limited to man-woman was unconstitutional. British Columbia had a similar ruling shortly after.

However, despite marriage being within the provincial powers (and the respective Marriage Acts), the DEFINITION of marriage is of federal jurisdiction.

In 2003, the Liberal goverment of the time asked the Supreme Court of Canada (the Supreme Court of Canada is the highest court in Canada and DOES set binding precedent for all other provinces and territories in Canada) was asked to conduct a reference on the definition of marriage - a process to look at the constitutionality of a bill before it is introduced. They determined that they accepted the provinces rulings that change was needed.

Eventually the government passed Bill C-38 (Civil Marriage Act) which "defined" marriage nationwide to include same-sex couples (and rule that definitions of man and woman were unconstitutional, etc).

During this time (and over the course of two years), province and territories continued to rule their respective courts that it was unconstitutional to exclude gay marriages - though Alberta was a holdout a little longer and threatened to invoke the notwithstanding clause - Alberta is a far more conservatively-led province (I live there now, but used to live in far more left-wing Manitoba) so that was not a surprise and even they recanted eventually (though the Premier tried to find avoid it in different ways and tried to push for a referendum which did not work so well).

At this point, same-sex marriage is allowed in all provinces and is treated the same as opposite-sex marriages in respect of other legal requirements. Same-sex couples - married or not - are legally recognized as equal. They can also have common-law marriages. For example, my brother is in a long-term common-law gay relationship, and they plan to get married and were engaged a year or so ago. HIs spouse is in the military, and my brother is treated as any other military spouse in Canada (moving benefits, etc) and the military recognizes same-sex couples/marriages just as they do opposite-sex ones.

Wikipedia is probably far better reference then my post on this matter

Anon I. Mouse · November 2009

All that to say - yes, a same-sex partner/spouse will be treated the same when sponsoring someone for immigration as a opposite-sex partner/spouse.

mandapanda78 · November 2009

Thanks Anon! Just saw your post, sorry for the delayed response. Very informative. Between you and ring_pop I think I have learned quite a lot today!

colleenspencer · November 2009

Manda, did you say at some point thate she is getting married in Victoria?

Gay marriage is indeed fully legal here.

As far as I know she would qualify to immigrate as a spouse, same as any hetero couple.

Gay marriage in Canada?

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