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MARRIAGE IN CANADA—EVOLUTION OR REVOLUTION?*
Author(s) -
Cotler Hon. Irwin
Publication year - 2006
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2006.00067.x
Subject(s) - comity , parliament , law , charter , legislation , political science , federalism , constitution , diversity (politics) , constructive , constitutional law , sociology , jurisdiction , politics , process (computing) , computer science , operating system
On July 20, 2005, the Canadian Civil Marriage Act became law, extending equal access to civil marriage to same‐sex couples while respecting religious freedom. This article briefly traces the distinctive juridical factors that have contributed to the legislation: the constitutional comity or dialogue among Parliament, the courts and the people resulting from the constitutional entrenchment of a Charter of rights and freedoms; the growth of the substantive concept of equality in Canadian law; and the impact of the constitutional division of powers and the nature of Canadian federalism. Together, these factors contributed to a constructive debate centered on respect for diversity.