Open AccessSame-Sex Marriages in Canadian Private International Law
Author(s) -
Jan Jakob Bornheim
Publication year - 2013
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr58
Subject(s) - law , government (linguistics) , position (finance) , politics , political science , family law , same sex , conflict of laws , sociology , economics , gender studies , philosophy , linguistics , finance
In 2012, the Canadian federal government took a position in court that same-sex couples married in Canada were not legally married if the law of their domicile did not recognize such marriages. As a reaction to the subsequent media reports and political debate, the government introduced Bill C-32 to modify the Civil Marriages Act. This article analyzes the current treatment of same-sex marriages by foreign-domiciled spouses in Canadian private international law, criticizes the changes to the Civil Marriage Act, and replies to a recent academic commentary on the issue.