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- Title
MARRIAGE IN CANADA—EVOLUTION OR REVOLUTION?
- Authors
Cotler, Hon. Irwin
- Abstract
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.
- Subjects
CANADA; MARRIAGE law; LEGISLATION; CIVIL marriage; GAY couples
- Publication
Family Court Review, 2006, Vol 44, Issue 1, p60
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/j.1744-1617.2006.00067.x