Marriage in Canada

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The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867 . However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.

Contents

The marriage rate in Canada has been declining over the years. In 2001, there were 146,618 marriages in Canada, down 6.8% from 157,395 in 2000, [1] but by 2020, there were only 98,355 marriages registered in Canada, which was the lowest total since 1938. [2] Prince Edward Island had the highest crude marriage rate (6.5 per 1,000 people) and Quebec had the lowest (3.0).

Marriage ceremonies in Canada can be either civil or religious. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace or clerks of the court, depending on the laws of each province and territory regulating marriage solemnization. In 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy.

Same-sex marriage has been legal in Canada nationally since 2005. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories.

Marriage restrictions

Consanguinity

The federal Marriage (Prohibited Degrees) Act, Section 2 [3] prevents the following persons from getting married:

  1. Subject to subsection (2), persons related by consanguinity, affinity or adoption are not prohibited from marrying each other by reason only of their relationship.
  2. No person shall marry another person if they are related lineally, or as brother or sister or half-brother or half-sister, including by adoption.

Both parties must freely consent. Forcing somebody to get married is a criminal offence under s. 293.1 of the Criminal Code. [4] In addition, s. 2.1 of the Civil Marriage Act stipulates, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other." [5]

Age of the spouses

Since 2015, federal law has set the absolute minimum marriageable age at 16. [6] Provinces and territories may set a minimum age higher than that. [7] In Canada the age of majority is set by province/territory at 18 or 19, so minors under this age have additional restrictions (i.e. parental and court consent). Section 293.2 of the Criminal Code also addresses marriages of individuals under the age of 16, reading: Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. [4] Section 2.2 of the Civil Marriage Act also states: No person who is under the age of 16 years may contract marriage. [5] These provisions were enacted in 2015. [8] [9] [10] Before 2015, it was possible for children less than 16 years old to get married in some jurisdictions of Canada, with parental consent or a court order. [7] [11] (The legal marriage age with parental consent was possibly as low as 7 in some Canadian jurisdictions. [12] [13] )

Minimum age by province and territory

  • British Columbia: 19, or 16 with parental consent. [14] [15]
  • Alberta: 18, or 16 with consent of all parents and legal guardians. [16]
  • Saskatchewan: 18, or 16 with a "Consent to Marriage of a Minor" form signed and completed by the parent(s) or guardian(s) in the presence of a Saskatchewan marriage licence issuer, clergy or any person authorized to take affidavits. "If the parent(s) or guardian(s) refuse to consent to the marriage, the minor can apply to a judge of either the provincial or Queen's Bench court for an order dispensing with their consent. The minor may obtain the judge's order by applying to a court house in Saskatchewan." [17]
  • Manitoba: 18. [18]
  • Ontario: 18, or 16 with written consent from both sets of parents. [19]
  • Quebec: 18, or 16 with authorization from the courts. [20]
  • New Brunswick: 18, or 16 with an affidavit of consent signed by parents or guardians. [21]
  • Nova Scotia: 19, or 16 with a signed consent form. [22]
  • Prince Edward Island: 18, or younger with a consent form signed by parent(s). [23]
  • Newfoundland and Labrador: 19, or younger wherein "special consents may be required." [24]
  • Yukon: 19, or younger with consent of parent(s) or legal guardian(s). [25]
  • Northwest Territories: 19, or younger with parental consent. [26]
  • Nunavut: 19, or 16 with parental consent. [27]

Divorce

Divorce rates in Canada per 100,000 [lower-alpha 1] [28]
YearRate
195039.3
195137.6
195239.1
195341.5
195438.7
195538.6
195637.3
195740.3
195836.8
195937.4
196039.1
196136.0
196236.4
196340.6
196444.7
196545.7
196651.2
196754.8
196854.8
1969124.2
1970139.8
1971135.2
1972145.8
1973163.2
1974197.4
1975218.7
1976231.2
1977233.4
1978238.5
1979245.7
1980253.0
1981272.6
1982280.4
1983270.3
1984254.5
1985239.8
1986300.0
1987363.8
1988311.7
1989296.9
1990283.4
1991274.7
1992278.6
1993272.7
1994272.0
1995264.9
1996241.6
1997225.4
1998229.1
1999233.2
2000231.8
2001229.2
2002223.8
2003223.9
2004218.0
2005221.0
2006229.3
2007222.2
2008210.8

Termination of marriage in Canada is covered by the federal Divorce Act . [29]

A divorce may be granted for one of the following reasons:

Key headings of the Divorce Act:

Divorce rates in Canada by year

This chart, with data from Statistics Canada, shows the amount of divorces per 100,000 residents of Canada from 1950 to 2008. [28]

Divorce rates in Canada by year of marriage

This chart, with data from Statistics Canada, shows the amount of marriages from 1955 to 2004 that ultimately ended in divorce. The data was collected in 2004. [41]

Polygamy

In Canada, polygamy is a criminal offence, [4] but prosecutions are rare. In March 2014, Winston Blackmore and James Oler were charged with polygamy; [42] their prosecutions were the first such cases in Canada in over sixty-five years. [43] In 2007, an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of laws against polygamy. [44] The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case. [45] [46]

On March 9, 2018, the Supreme Court of British Columbia reaffirmed the constitutionality of Canada's anti-polygamy laws, [47] upholding the July 2017 polygamy convictions of Winston Blackmore and James Oler. [48]

See also

Notes

  1. Divorce rates are per 100,000 residents in Canada

Related Research Articles

Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Marriage becomes a social construct to adjudicate the conflicts of interest between consenting individuals and a transactional means to fulfill their needs. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage.

<span class="mw-page-title-main">Annulment</span> Legal procedure for declaring a marriage null and void

Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.

<span class="mw-page-title-main">Bigamy</span> Act of having two concurrent marriages

In a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. A legal or de facto separation of the couple does not alter their marital status as married persons. In the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. Bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. If the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws.

Marriageable age, marriage age, or the age of marriage is the general age, a legal age or the minimum age subject to parental, religious or other forms of social approval, at which a person is legitimately allowed for marriage. Age and other prerequisites to marriage vary between jurisdictions, but in the vast majority of jurisdictions, the marriage age as a right is set at the age of majority. Nevertheless, most jurisdictions allow marriage at a younger age with parental or judicial approval, especially if the female is pregnant. Among most indigenous cultures, people marry at fifteen, the age of sexual maturity for both the male and the female. In industrialized cultures, the age of marriage is most commonly 18 years old, but there are variations, and the marriageable age should not be confused with the age of majority or the age of consent, though they may be the same.

Bountiful is a settlement in the Creston Valley of southeastern British Columbia, Canada, near Cranbrook and Creston. The closest community is Lister, British Columbia.

Emancipation of minors is a legal mechanism by which a minor before attaining the age of majority is freed from control by their parents or guardians, and the parents or guardians are freed from responsibility for their child. Minors are normally considered legally incompetent to enter into contracts and to handle their own affairs. Emancipation overrides that presumption and allows emancipated children to legally make certain decisions on their own behalf.

Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.

Many jurisdictions have laws applying to minors and abortion. These parental involvement laws require that one or more parents consent or be informed before their minor daughter may legally have an abortion.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the legal requirements, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries.

<span class="mw-page-title-main">Divorce law by country</span> Overview of divorce laws around the world

Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages.

<span class="mw-page-title-main">Canadian family law</span>

Family law in Canada concerns the body of Canadian law dealing with domestic partnerships, marriage, and divorce.

Polygamy is the practice of having more than one spouse at the same time. Specifically, polygyny is the practice of one man taking more than one wife while polyandry is the practice of one woman taking more than one husband. Polygamy is a common marriage pattern in some parts of the world. In North America, polygamy has not been a culturally normative or legally recognized institution since the continent's colonization by Europeans.

Marriage in the United States is a legal, social, and religious institution. The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual may marry in the United States as of right, without parental consent or other authorization, on reaching 18 years of age in all states except in Nebraska, where the general marriage age is 19, and Mississippi, where the general marriage age is 21. In Puerto Rico the general marriage age is also 21. In all these jurisdictions, these are also the ages of majority. In Alabama, however, the age of majority is 19, while the general marriage age is 18. Most states also set a lower age at which underage persons are able to marry with parental and/or judicial consent. Marriages where one partner is less than 18 years of age are commonly referred to as child or underage marriages.

Winston Blackmore is the leader of a polygamous Fundamentalist Latter Day Saint religious group in Bountiful, British Columbia, Canada. He is described as "Canada's best-known avowed polygamist". He has 150 children with his 27 "spiritual" wives, some of whom he has admitted were underage.

<span class="mw-page-title-main">Scots family law</span>

Scots family law is the body of laws in Scotland which regulate certain aspects of adult relationships and the rights and obligations in respect of children.

The legal status of polygamy varies widely around the world. Polygyny is legal in 58 out of nearly 200 sovereign states, the vast majority of them being Muslim-majority countries. Some countries that permit polygamy have restrictions, such as requiring the first wife to give her consent.

James Marion Oler is the bishop of the Fundamentalist Church of Jesus Christ of Latter-Day Saints in Canada and has been convicted of being a practicing polygamist. The polygamy case brought against Oler is considered "the first major test of Canada's polygamy law." As of 2014, he is reported to have 13 children.

In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction.

References

  1. "Marriage: "I do"? More like "I don't"". Statistics Canada. December 12, 2022.
  2. "Marriages". The Daily. Statistics Canada. November 20, 2003.
  3. Marriage (Prohibited Degrees) Act, SC 1990, c. 46.
  4. 1 2 3 Criminal Code, RSC 1985, c. C-46.
  5. 1 2 Civil Marriage Act, SC 2005, c. 33.
  6. Zero Tolerance for Barbaric Cultural Practices Act , SC 2015, c 29, http://canlii.ca/t/52m2q retrieved on 2018-06-24
  7. 1 2 Julie Béchard; Sandra Elgersma; Julia Nicol (2015-01-26). "Legislative Summary of Bill S-7: An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts". Library of Parliament. Retrieved 2018-06-24.
  8. "Zero Tolerance for Barbaric Cultural Practices Act receives Royal Assent" (Press release). Government of Canada. 2015-06-18. Archived from the original on 2015-06-23. Retrieved 2015-06-23.
  9. "Zero Tolerance for Barbaric Cultural Practices Act: Order Fixing the Day on which this Order is registered as the Day on which Part 3 of the Act Comes into Force". Canada Gazette Extra. Vol. 149, no. 3. 2015-07-17. Retrieved 2018-06-24.
  10. Laura Payton (2015-03-12). "'Barbaric cultural practices' bill debate limited by Conservatives". CBC.ca. Retrieved 2018-06-24. The legislation, bill S-7, originated in the Senate and would make it illegal for anyone under 16 to get married.
  11. Olga Khazan (2015-03-09). "A Strange Map of the World's Child-Marriage Laws". The Atlantic. Retrieved 2018-06-24.
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  31. Jurisdiction. Canadian Legal Information Institute.
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  35. Priority. Canadian Legal Information Institute.
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  40. General. Canadian Legal Information Institute.
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  45. "Canada's polygamy laws upheld by B.C. Supreme Court". CBC News. November 23, 2011. Retrieved 2011-12-05.
  46. "Reference re: Section 293 of the Criminal Code of Canada", 2011 BCSC 1588, Canadian Legal Information Institute
  47. "Judge tosses convicted B.C. polygamists' constitutional challenge". CBC News. 2018-03-09. Retrieved 2018-07-19. Winston Blackmore and James Oler were found guilty of having multiple wives in B.C. Supreme Court last July. They returned to court to argue their convictions were null because the law itself was unconstitutional under the Charter of Rights and Freedoms. On Friday, B.C. Supreme Court Justice Sheri Ann Donegan rejected the argument, stating that Blackmore and Oler considered their lifestyles above the law when they continued to marry women in Bountiful, B.C.
  48. "Winston Blackmore and James Oler found guilty of polygamy by B.C. judge". CBC News. 2017-07-24. Retrieved 2018-07-19. Two former religious leaders in B.C. have been found guilty of polygamy after marrying more than two dozen women over the course of 25 years.