Same-sex marriage in New Brunswick

Same-sex marriage in New Brunswick has been legal since July 4, 2005, when the province began issuing marriage licences to same-sex couples pursuant to a June 23 court ruling.[1]

Background

Following a number of court rulings in other provinces and territories recognizing the right of same-sex couples to marry, Justice Minister Brad Green announced in September 2004 that New Brunswick would not follow in the footsteps of Nova Scotia in issuing marriage licenses to same-sex couples. He argued that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the Government of Canada came up with another definition (as it finally did with the Civil Marriage Act in 2005).

However, Premier Bernard Lord indicated that if and when the federal government passes such legislation, his government would comply with it. He also indicated he would comply with a court ruling, even though he was personally opposed to same-sex marriage.

Court ruling

In April 2005, four same-sex couples filed a court challenge, Harrison v. AG of Canada, against the government's policy of denying marriage licences to same-sex couples. The couples included prominent New Brunswick gay rights advocate Art Vautour-Toole and his husband Wayne Toole (who had married in Ontario), as well as Catherine Sidney and Bridget McGale, Wayne Harrison and Ross Leavitt, and James Crooks and Carl Trickey.[2]

On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick in Moncton ruled that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter rights, in accordance with court rulings in other provinces.[3] She allowed a ten-day grace period to the government, after which it had to begin issuing same-sex marriage licences. This was less than a month before Parliament made same-sex marriage legal throughout Canada.

The new licenses became available on July 4.[4]

Provincial legislation

In March 2007, the Legislative Assembly of New Brunswick made amendments to the Family Services Act (French: Loi sur les services à la famille) to allow joint adoption by "common-law partners", including same-sex couples.[5] The amendments took effect on 1 February 2008.[6]

In December 2008, the Assembly made numerous amendments to the Marriage Act (French: Loi sur le mariage) and other acts, by striking out "husband and wife" and substituting "spouses".[7]

Public opinion

A 2017 CROP poll showed that 78% of the New Brunswick public supported same-sex marriage, 22% were opposed. Nationwide, 74% of Canadians were of the same view, while 26% disagreed.[8]

References

1. "Same-sex marriage in the New Brunswick, Canada". Kingston: Ontario Consultants on Religious Tolerance. 29 April 2005. Retrieved 10 March 2011.
2. "N.B. same-sex couples seek right to marry". Canadian Broadcasting Corporation. 25 April 2005. Retrieved 10 March 2011.
3. "Court legalizes gay marriage in New Brunswick". CTV. 24 June 2005. Archived from the original on 10 March 2011. Retrieved 10 March 2011.
4. "All systems go for same-sex marriage in New Brunswick". Canadian Broadcasting Corporation. 4 July 2005. Archived from the original on 10 March 2011. Retrieved 10 March 2011.
5. Sexual Orientation and Legal Rights
6. Family Services Act, SNB 1980, c F-2.2
7. "Modernization of Benefits and Obligations Act" (PDF). Government of New Brunswick. Retrieved February 13, 2016.
8. I find it great that in our society, two people of the same sex can get married, CROP Panorama

External links

• "Same-sex marriage in New Brunswick, Canada". Religious Tolerance.
• Harrison v. AG of Canada, 2005 NBQB 232