Reference re Same-Sex Marriage

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Supreme Court of Canada. Reference re Same-Sex Marriage

Reference re Same-Sex Marriage

Table of Contents

Held

Question 1

Question 2

Question 3

Question 4

Cases Cited

Statutes and Regulations Cited

Counsel

Opinion

I. Introduction

II. The Reference Questions

A.Question 1: Is the Proposed Act Within the Exclusive Legislative Authority of the Parliament of Canada?

(1) Section 1 of the Proposed Act

(b)Objections: The Purported Scope of Section 91(26)

(i)The Meaning of Marriage is Not Constitutionally Fixed

(ii)The Scope Accorded to Section 91(26) Does Not Trench on Provincial Competence

(2)Section 2 of the Proposed Act

B.Question 2: Is Section 1 of the Proposed Act, Which Extends Capacity to Marry to Persons of the Same Sex, Consistent with the Charter?

(1)Purpose of Section 1 of the Proposed Act

(2) Effect of Section 1 of the Proposed Act

(a)Section 15(1): Equality

(b)Section 2(a): Religion

C.Question 3: Does the Freedom of Religion Guaranteed by Section 2(a) of the Charter Protect Religious Officials From Being Compelled to Perform Same-Sex Marriages Contrary to Their Religious Beliefs?

D.Question 4: Is the Opposite-Sex Requirement for Marriage for Civil Purposes, As Established by the Common Law and Set Out for Quebec in Section 5 of the Federal Law-Civil Law Harmonization Act, No. 1, Consistent with the Charter? (1)Threshold Issue: Whether the Court Should Answer Question 4

(2)The Substance of Question 4

III.Conclusion

Solicitors

Отрывок из книги

Supreme Court of Canada

Published by Good Press, 2020

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Statutes and Regulations Cited

Counsel

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