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Same-sex marriage in Nova Scotia

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Same-sex marriage in Canada
      
Legal
Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
Parliament
38th House · 39th House
Same-sex marriage by province
Related
Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
Common-law relationships in Manitoba
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Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Same-sex marriage in Nova Scotia has been legal since September 24, 2004, when the province began issuing marriage licences to same-sex couples immediately following a court ruling.

Nova Scotia became the sixth jurisdiction in Canada (and the ninth worldwide) to legalise same-sex marriage.

Background

Main article: Domestic partnership in Nova Scotia

Prior to 2001, common-law couples, either opposite-sex or same-sex, were not able to adopt. However, in 2001, the Nova Scotia Supreme Court concluded that the provision in the Adoption Act that prevented common-law couples from adopting was unconstitutional. The result been that common-law couples, either same-sex or opposite-sex, are now able to adopt children jointly.[1]

Soon thereafter, the Nova Scotia House of Assembly approved An Act to Comply with Certain Court Decisions and to Modernize and Reform Laws in the Province to reflect the court's decision in provincial law and establish domestic partnerships. The act went into force on June 4, 2001.

Domestic partnerships grant unmarried couples some of the rights and obligations of marriage, including pension benefits and inheritance. Both partners must be 19 or older, and not currently married or in a partnership with another individual. Domestic partnerships are known as unions de fait in French, com-pàirteachas co-fhuireachd in Scottish Gaelic, and nikma'jewel in Miꞌkmaq.[2]

Court ruling

On August 13, 2004, three couples brought the suit Boutilier et al. v. Canada (A.G) and Nova Scotia (A.G) against the provincial and federal governments requesting that they be issued same-sex marriage licences.[3][4] The partners who brought suit were Brian Mombourquette and Ross Boutelier, Kim Vance and Samantha Meehan (who married in Toronto in 2003 and sought recognition of their marriage at home in Nova Scotia), and Ron and Bryan Garnett-Doucette. The couples were represented by Halifax lawyer Sean Foreman of law firm Wickwire Holm.

On September 24, 2004, Justice Heather Robertson of the Supreme Court ruled that banning such marriages was unconstitutional and ordered the province to recognize same-sex unions.[5] Just hours after the ruling was handed down, Ron and Bryan Garnett-Doucette became the first same-sex couple to obtain a marriage license in Nova Scotia.[6]

Neither the federal nor the provincial governments opposed the ruling, continuing the trend set with the Yukon and Manitoba rulings. The Nova Scotia Justice Minister, Michael Baker, said, "We certainly did not want to waste taxpayers' money." Premier John Hamm said the province would ablide by the court's decision.

Provincial legislation

An odd provison to the post-ruling status was that, until a formal change of the provincial Solemnization of Marriage Act, the Minister of Justice still required the terms "husband and wife" to be used by Justices of the Peace in any wedding. This stance by the Justice Department was categorized by some as heterosexist. Shortly afterwards, following warnings of further legal action by the couples' lawyer, the policy was changed to remove that requirement.[7] The Solemnization of Marriage Act, however, was not modified to this effect.

Only in October 2017 did the House of Assembly approve a bill replacing the expression "husband and wife" from the Solemnization of Marriage Act to the gender-neutral term "spouses".[8][9] The bill passed its third reading on 20 October and received royal assent by Lieutenant Governor Arthur LeBlanc six days later.

References

  1. ^ III. Adoption D. Legislative Approaches in Other Jurisdictions
  2. ^ "Discussion Paper — Matrimonial Property in Nova Scotia – Suggestions for a New Family Law Act, 1996 CanIIDocs 105". CanLII.
  3. ^ "Same-sex marriage in Nova Scotia, Canada". Kingston: Ontario Consultants on Religious Tolerance. 25 September 2004. Retrieved 10 March 2011.
  4. ^ "And Nova Scotia makes six". Equal Marriage for Same-Sex Couples. 24 September 2004. Archived from the original on 2011-04-30. Retrieved 10 March 2011.
  5. ^ "Nova Scotia legalizes same-sex marriages". Ottawa: Canadian Broadcasting Corporation. 24 September 2004. Retrieved 10 March 2011.
  6. ^ HOMOSEXUAL (SAME-SEX) MARRIAGES IN CANADA: Province of Nova Scotia
  7. ^ "Same-sex couples still 'husband and wife' in Nova Scotia". Ottawa: Canadian Broadcasting Corporation. 24 October 2004. Retrieved 10 March 2011.
  8. ^ An Act to Amend Chapter 436 of the Revised Statutes, 1989, the Solemnization of Marriage Act
  9. ^ Solemnization of Marriage Act (amended) - Bill 17
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