H" case which involved two Toronto women who had lived together for more than a decade. Pierre Trudeau, who was Justice Minister at the time, makes an amendment to Criminal Code in , decriminalizing homosexuality in Canada. Objections were made after the first Sunday. May 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. In addition, Section 15 and a few other Charter sections are subject to the "notwithstanding clause" of the Charter that allows governments to declare that a law is exempt from the Charter for up to five years, which exemption may be renewed any number of times. The Ontario Superior Court rules that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms. With its enactment, Canada became the fourth country to legislate same-sex marriage, the others being the Netherlands , Belgium and Spain
C would modernize aspects of the Criminal Code and make dramatic changes to criminal court proceedings, as well as repeal Section June A lesbian couple files the first same-sex divorce petition in Canada. Some of the cases were funded under the Federal Government's Court Challenges Program ,  which in was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter. Family law and gay rights, for example, have changed significantly, even over the past decade, but more changes are expected as the current needs of couples and families are recognized. The case isn't a complete loss to homosexuals though. The City of Toronto was then ordered to issues licences to same-sex couples immediately. Canada , the Supreme Court of Canada recognized that sexual orientation was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination. The Ontario Superior Court rules that prohibiting gay couples from marrying is unconstitutional and violates the Charter of Rights and Freedoms. The ruling makes New Brunswick the eighth province where a court has opened the door to legal same-sex unions. Under the Civil Marriage Act, , which provides for same-sex marriage, one must be aged 16 years or older to legally contract marriage. The committee makes it clear that homosexuals experience overwhelming discriminatory treatment in Canada, and recommends that the Canadian Human Rights Act be changed to make it illegal to discriminate based on sexual orientation. In , the B. April 25, 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. May An Ontario Court judge finds that the Child and Family Services Act of Ontario infringes Section 15 of the Charter by not allowing same-sex couples to bring a joint application for adoption. I think the view we take here is that there's no place for the state in the bedrooms of the nation. The next night, about 3, people march in downtown Toronto to protest the arrests. The term is now considered offensive and outdated. The class-action lawsuit was filed for gays and lesbians whose partners died before Jan. In , Klippert is sent to prison indefinitely as a "dangerous sex offender," a sentence that was backed up by the Supreme Court of Canada that same year. 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. Before this, men could be sent to prison for having sexual relationships with other men, documents an article from the CBC. July 17, Ottawa reveals the exact wording of legislation that would allow gay couples to marry. Brent Hawkes of the Metropolitan Community Church in Toronto declares that he will perform same-sex marriages by reading banns. The decision alters a ruling that would have made same-sex marriages legal, but not until July For example, a discrimination complaint against a restaurant would need to be filed under federal or provincial anti-discrimination legislation and not the Charter. Pierre Trudeau, who was Justice Minister at the time, makes an amendment to Criminal Code in , decriminalizing homosexuality in Canada. The province says it will use the notwithstanding clause to avoid recognizing same-sex marriages if Ottawa amends the Marriage Act.
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