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Northern enlightenment legal recognition of same sex marriage in canada

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Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005. The Civil Marriage Act was introduced by Prime Minister Paul Northern enlightenment legal recognition of same sex marriage in canada’s Liberal minority Government in the House of Commons of Canada on February 1, 2005 as Bill C-38. As of the given dates, the legality was authoritatively established.

Provinces and territories with same-sex marriage before its nationwide legalization on July 20, 2005. Same-sex marriage was originally recognized by law as a result of cases in which courts in eight out of ten of Canada’s provinces, and in one of its three territories, ruled existing bans on same-sex marriage unconstitutional. The legal status of same-sex marriages in these jurisdictions created an unusual jurisdictional issue. Given the Supreme Court ruling, the role of precedent in Canadian law, and the overall legal climate, it was very likely that any challenges to legalize same-sex marriage in the remaining four jurisdictions would be successful as well. On June 17, 2003, Liberal Prime Minister Jean Chretien announced that the Government would present a bill, which would allow same-sex couples equal rights to marry.

A draft of what would become Bill C-38 was released on July 17, 2003, by the Liberal Minister of Justice, Martin Cauchon. Following the Supreme Court’s decision, Liberal Justice Minister Irwin Cotler, introduced Bill C-38 on February 1, 2005, to legalize marriage between persons of the same sex across Canada. In 1999, the Supreme Court of Canada ruled in M. 3 that same-sex couples in Canada were entitled to receive many of the financial and legal benefits commonly associated with marriage.

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