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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 · 38th Senate 39th House · 39th Senate |
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 |
The Civil Marriage Act was approved by the House of Commons of Canada on third reading on June 28, 2005 (see Members of the 38th Canadian Parliament and same-sex marriage). It then proceeded to the Senate of Canada where it was debated. The bill was debated on second reading in the Senate from July 4 to July 6, 2005, and then sent to committee. Third reading debate occurred on July 19, 2005, concluding in a vote that passed the bill which went on to receive royal assent on July 20, 2005.
Senate
Group | For | Against | Abstained | Absent | Total | |
---|---|---|---|---|---|---|
Liberals | 41 | 5 | 2 | 14 | 62 | |
Conservatives | 1 | 15 | 1 | 5 | 22 | |
Independents | 2 | 1 | 0 | 2 | 5 | |
Progressive Conservatives | 2 | 0 | 0 | 3 | 5 | |
Independent NDP | 1 | 0 | 0 | 0 | 1 | |
Totals | 47 | 21 | 3 | 24 | 95 |
Name | 2nd Reading | 3rd Reading | Province | ||
---|---|---|---|---|---|
Willie Adams | Absent | Absent | Nunavut | ||
ActWin.com lists Adams as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". | |||||
Jack Austin | Absent | Yes | British Columbia | ||
Austin is the leader of the government in the Senate and a member of cabinet and will be expected to vote with the government. In addition, ActWin.com lists Austin as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". During the debate on second reading, Austin was the second Senator to speak in favour of the bill. | |||||
Lise Bacon | Yes | Yes | Quebec | ||
George Baker | Yes | Yes | Newfoundland and Labrador | ||
Voted against Bill C-33 (1996), however, voted in favour of Bill C-38 on second reading. | |||||
Tommy Banks | No | No | Alberta | ||
Voted against Bill C-250 (2003). Real Women of Canada stated on its website he was one of a few senators along with Anne Cools to stall the bill as much as possible so that it wouldn't enter committee. | |||||
Michel Biron | Yes | Yes | Quebec | ||
John G. Bryden | Yes | Yes | New Brunswick | ||
ActWin.com lists Bryden as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". Therefore, his likely vote is "YES". | |||||
Catherine Callbeck | Yes | Yes | Prince Edward Island | ||
Sharon Carstairs | Absent | Absent | Manitoba | ||
ActWin.com lists Carstairs as voting positively on 2 previous gay-related bills. Carstairs is listed as seconder of the bill in the Senate. July 5, 2005: She defended the Deputy Leader of the Government's time allocation motion to limit debate since the opposition could not reach an agreement how much time would be allotted to C-38 before entering committee. July 6, 2005: "Let's try the same on the prohibited grounds of race, national or ethnic origin. ... Maybe we could say the following: `Notwithstanding the superiority of the white race as ordained by God and illustrated by his divine wisdom in separating the races into different continents, non-white persons for the purposes of civil law shall be considered equal to white persons." "I often wondered what I would do if one of my daughters had come to me and said: `Mom, I have chosen a partner and the partner I have chosen is of the same gender." "How can I, who have had the glorious pleasure of 39 years of that experience, deny it to any other person?" | |||||
Maria Chaput | Yes | Yes | Manitoba | ||
Says she will vote in favour of same-sex marriage | |||||
Ione Christensen | Yes | Yes | Yukon | ||
Joan Cook | Yes | Yes | Newfoundland and Labrador | ||
ActWin.com lists Cook as voting positively on 2 previous gay-related bills. She received an A+ rating, which the site deems as: "extremely pro-gay". Likely to vote in favour. | |||||
Eymard Corbin | Abstained | Abstained | New Brunswick | ||
Jane Cordy | Yes | Yes | Nova Scotia | ||
Jim Cowan | Yes | Absent | Nova Scotia | ||
Joseph A. Day | Yes | Absent | New Brunswick | ||
Roméo Dallaire | Absent | Yes | Quebec | ||
Indicated his support of SSM in Globe and Mail interview the day after his appointment. July 5, 2005: Criticized Senator Anne C. Cools' speech. "We cannot use the terms "dictatorship" and "Parliament" in the same sentence. That cannot exist. It is impossible. We are in an institution that reflects the democratic history of a country. The Liberal Party was elected and the Liberal Party has a leader who becomes the Prime Minister. It is up to the Prime Minister to take decisions such as appointing Senators. It is an extension of the democratic process. I do not see the urgent need to call an election when valuable and pertinent work is being done | |||||
Pierre de Bané | Absent | Absent | Quebec | ||
Percy Downe | Absent | Yes | Prince Edward Island | ||
Art Eggleton | Yes | Yes | Ontario | ||
Joyce Fairbairn | Absent | Yes | Alberta | ||
Marisa Ferretti Barth | Absent | Absent | Quebec | ||
Said she would vote against. | |||||
D. Ross Fitzpatrick | Yes | Yes | British Columbia | ||
Joan Fraser | Yes | Absent | Quebec | ||
April 1, 2004: While debating C-250, Fraser made a speech: "I cannot possibly support an amendment that deletes the reference to sexual orientation — that is what this bill is all about. It is about coming to the public, official, formal, solemn defence of an extremely vulnerable minority. We have supported this bill at second reading and in committee. I personally support it strongly. I want it on the record that when — I hope before too long — this chamber, in a second bill, is asked to include sex as one of the grounds in this same portion of the Criminal Code, I will gladly support that." July 5, 2005: "In my view, six hours of debate is a long debate. The motion now before us proposes six hours of debate. That length of time allows for 24 speakers, plus the five we have already heard, which makes 29. How many bills on second reading are addressed by 29 speakers in this chamber?" | |||||
George Furey | Absent | Yes | Newfoundland and Labrador | ||
Aurélien Gill | Absent | Absent | Quebec | ||
Jerry Grafstein | Yes | Yes | Ontario | ||
Mac Harb | Yes | Yes | Ontario | ||
Harb Supported SSM as an MP, according to marriagevote.ca | |||||
Daniel Hays | Did not vote | Did not vote | Alberta | ||
Hays is speaker of the Senate. Unlike the House speaker, he is entitled to vote regardless of whether or not there is a tie, and is free to vote by his conscience rather than by convention, although this power is rarely used. | |||||
Céline Hervieux-Payette | Abstained | No | Quebec | ||
Elizabeth Hubley | Yes | Yes | Prince Edward Island | ||
Mobina Jaffer | Absent | Yes | British Columbia | ||
Serge Joyal | Yes | Yes | Quebec | ||
Wrote letter in support of C-38. Copy on his website. July 4, 2005: Joyal opened the second reading debate arguing in favour of the bill and is listed as Bill C-38's mover in the Senate. Says that "Bill C-38 is about restoring full human dignity to a minority that has long been the object of persecution, marginalization and outrage. It is an issue of minority rights." Says that the Senate was in fact structured to provide for the protection of minorities. | |||||
Colin Kenny | Absent | Yes | Ontario | ||
Michael Kirby | Absent | Absent | Nova Scotia | ||
Jean Lapointe | Yes | Absent | Quebec | ||
July 5, 2005: Was one of a few senators that said "no" to allowing Conservative Senator Anne C. Cools an extension of time during 2nd reading debate. Also voted on the motion that passed, which limited debate to six hours in 2nd reading. | |||||
Raymond Lavigne | Yes | Absent | Quebec | ||
Rose-Marie Losier-Cool | Absent | Yes | New Brunswick | ||
Shirley Maheu | Yes | Yes | Quebec | ||
April 21: Stated in the Senate that "the passage of the Civil Marriage Act will honour 20 years of positive growth of some human rights achieved by way of section 15 of our charter." | |||||
Frank Mahovlich | Yes | Yes | Ontario | ||
July 5, 2005: "Mahovlich responded to Senator Tkachuk saying he misinterpreted Senator Joyal, when Joyal said the Minister of Justice could make comments and answer questions at the committee, via videoconferencing while in France before Friday due to his schedule in France. Tkachuk says it is a ploy to get the bill out of 2nd reading by that time. | |||||
Paul J. Massicotte | Absent | Yes | Quebec | ||
Terry M. Mercer | Yes | Yes | Nova Scotia | ||
Mentioned SSM in a list of measures he is proud of: Hansard, February 12, 2004. April: Confirmed once again he will support. | |||||
Pana Merchant | Absent | No | Saskatchewan | ||
Voted against Bill C-250 | |||||
Lorna Milne | Yes | Yes | Ontario | ||
Grant Mitchell | Yes | Yes | Alberta | ||
Wilfred P. Moore | Absent | Abstained | Nova Scotia | ||
Senator Moore indicated he would have voted against the bill had he not abstained due to pairing. | |||||
Jim Munson | Absent | Yes | Ontario | ||
Landon Pearson | Yes | Yes | Ontario | ||
Lucie Pépin | Yes | Yes | Quebec | ||
She was the sponsor of C-250 in the Senate. | |||||
Robert Peterson | Yes | Yes | Saskatchewan | ||
Gerard A. Phalen | No | No | Nova Scotia | ||
Marie-Paule Poulin | Absent | Yes | Ontario | ||
Vivienne Poy | Yes | Yes | Ontario | ||
Responded to a letter saying she will vote in favour of C-38. | |||||
Pierrette Ringuette | Yes | Yes | New Brunswick | ||
Fernand Robichaud | Yes | Yes | New Brunswick | ||
June 29: C-38 entered 1st reading in the Senate today. Senator Prud'homme wanted to accelerate debate to the next sitting of the Senate. While some senators disagreed, Robichaud stated "move it into committee". | |||||
Bill Rompkey | Yes | Yes | Newfoundland and Labrador | ||
Rompkey is Deputy Government House Leader in the Senate and thus is expected to vote in favour. On July 4, 2005, he tabled a notice of motion to restrict debate on second reading to six hours. | |||||
Nick Sibbeston | Absent | No | Northwest Territories | ||
Voted against Bill C-250 | |||||
David P. Smith | Absent | Yes | Ontario | ||
Peter Stollery | Yes | Absent | Ontario | ||
Claudette Tardif | Yes | Yes | Alberta | ||
Marilyn Trenholme Counsell | Yes | Yes | New Brunswick | ||
July 6, 2005: While C-38 was in 2nd reading, she said ``As a Christian, I often ask myself: `What would Jesus do?'." "In this case, in this time, I believe he would say `Yes.'" | |||||
Charlie Watt | Absent | Absent | Quebec | ||
41 | 5 | (2 abstained, 14 absent) |
Name | 2nd Reading | 3rd Reading | Province | ||
---|---|---|---|---|---|
Raynell Andreychuk | Abstained | Saskatchewan | |||
July 5, 2005: Made a speech criticizing time allocation of the bill in 2nd reading. However, she did say "this is an issue about human rights. Any violation of human rights commands urgency. This is not just about same sex. This is about the right to freedom of expression and religion. It is about how we balance those elements." | |||||
W. David Angus | Absent | No | Quebec | ||
Voted against Bill C-250 | |||||
John M. Buchanan | No | No | Nova Scotia | ||
Pat Carney | Absent | Absent | British Columbia | ||
May 2, 1980: As an MP, Pat Carney introduced Bill C-242, an act to prohibit discrimination on grounds of sexual orientation, The bill, which would have inserted "sexual orientation" into the Canadian Human Rights Act, didn't pass. | |||||
Ethel M. Cochrane | No | No | Newfoundland and Labrador | ||
Voted against Bill C-250 | |||||
Gerald J. Comeau | No | No | Nova Scotia | ||
Anne C. Cools | No | No | Ontario | ||
Voted against Bill C-250 Former Liberal senator. Says the Government of Canada has a moral obligation to go to the people of Canada. Sept 17, 2003: Says her position is that of the majority of Canadians. "Because Children and procreation are the result of that unit—it is one of those mysteries and miracles of life." April 9, 2005: Was one of several speakers at the "March 4 Marriage" rally in Ottawa. April 25, 2005: Stated in the senate: "This Parliament votes in one direction one day and goes in the opposite direction the next day. I saw that on the question of marriage. The Attorney General of Canada argued on one side of the issue one day and on the other side the next." | |||||
Consiglio Di Nino | No | No | Ontario | ||
July 6, 2005: Responding to a Senator who said she was a Christian and believes if Jesus were asked to vote, He would say "yes", Di Nino said "I don't have the same relationship with Jesus, obviously, as [Senator] Trenholme Counsell." | |||||
John Trevor Eyton | Absent | No | Ontario | ||
J. Michael Forrestall | Absent | No | Nova Scotia | ||
Voted against Bill C-250 | |||||
Leonard Gustafson | Absent | No | Saskatchewan | ||
Voted against Bill C-33 (1996) | |||||
Janis G. Johnson | Yes | Absent | Manitoba | ||
James F. Kelleher | No | No | Ontario | ||
Wilbert Joseph Keon | No | No | Ontario | ||
Noël A. Kinsella | No | No | New Brunswick | ||
Kinsella, the opposition leader, said in the February 11 Moncton Times & Transcript , "I will approach the bill objectively. I am not going to prejudge anything." July 4, 2005: C-38 speech in 2nd reading: "by introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says there alternative approaches instead of dividing Canadians by passing the bill and legalizing same-sex marriage. Voted No on second reading. | |||||
Marjory LeBreton | Abstained | Abstained | Ontario | ||
Michael A. Meighen | Absent | Yes | Ontario | ||
Pierre Claude Nolin | Absent | Absent | Quebec | ||
In January 2005, Nolin announced that the Quebec-wing of the CPC would be bringing forward a host of "moderate" principles to the March 2005 CPC Policy Convention in Montreal, including a motion to support the rights of married same-sex couples to equal status in the courts of law. July 5, 2005: While in 2nd reading, he critiqued Senator Rompkey's adopted motion to limit debate to 6 hours due to what Rompkey sees as stalling tactics. "I agree with the government's bill. Just because the rest of the world or the country took part in a debate is no reason for us not to have one. Not to have one would be a disservice to our institution." | |||||
Donald H. Oliver | Absent | Absent | Nova Scotia | ||
Gerry St. Germain | Absent | No | British Columbia | ||
Voted against Bill C-250 September 16, 2003: "Common sense and a respect for the origins of life dictated the evolution of this tradition as embraced in both religious practice and secular conduct". June 29, 2005: C-38 entered 1st reading today. When the Speaker asked when the bill shall be read a second time, St. Germain said "Never!". July 4, 2005: When C-38 entered 2nd reading debate today, St. Germain said the Senate should sit through the fall on this very important issue. "By introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says the Supreme Court of Canada didn't rule the traditional definition of marriage unconstitutional. Also believes same-sex marriage will erode the family. | |||||
Terry Stratton | No | No | Manitoba | ||
Voted against Bill C-250, Bill C-33 (1996) July 4, 2005: Moved a motion to adjourn the debate on C-38 in 2nd reading today. | |||||
David Tkachuk | No | No | Saskatchewan | ||
Voted against Bill C-250, Bill C-33 (1996) | |||||
1 | 15 | (1 abstained, 2 absent) |
Name | 2nd Reading | 3rd Reading | Province | ||
---|---|---|---|---|---|
P. Michael Pitfield | Absent | Absent | Ontario | ||
Madeleine Plamondon | Abstained | No | Quebec | ||
Voted against Bill C-250 July 5, 2005: Made a speech at 2nd reading saying she will vote against due to religious reasons. Says as a Catholic, she "feels part of an endangered minority." However, abstained when second reading came to a vote | |||||
Marcel Prud'homme | Abstained | Yes | Quebec | ||
Close Trudeau ally and known civil libertarian. Feb 10, 2004: Senator Gérald-A. Beaudoin (and others) comment on his 40th year as a parliamentarian, pointing out that he has stayed true to his father's word, "we must believe in the universality of the protection of human rights or else hold our peace." June 29, 2005: Moved to try have C-38 read a 2nd time at the next sitting of the Senate as opposed to waiting 2 days. July 5, 2005: Says he has yet to make up his mind on the issue, but is against limiting debate. "I will vote against the closure motion if I am in the Senate. If I am not here, just remember that I said I was against this motion. I want to thank Senator Nolin for inspiring my comments yet again." | |||||
Jean-Claude Rivest | Absent | Absent | Quebec | ||
Feb 02, 2005: Expressed support for C-38. | |||||
Mira Spivak | Yes | Yes | Manitoba | ||
Held a civil liberties meeting at her house decades ago for a gay couple looking to get married. | |||||
2 | 1 | (2 absent) |
(Although the Progressive Conservative Party of Canada has merged into the Conservative Party of Canada, these senators have refused to join the new Conservative Party and have chosen to sit in the Senate as "Progressive Conservatives".)
Name | 2nd Reading | 3rd Reading | Province | ||
---|---|---|---|---|---|
Norman K. Atkins | Absent | Yes | Ontario | ||
C. William Doody | Absent | Absent | Newfoundland and Labrador | ||
Elaine McCoy | Yes | Absent | Alberta | ||
Lowell Murray | Absent | Absent | Ontario | ||
July 4, 2005: Critiqued the official opposition leader, Noel Kinsella: "Honourable senators, I wish to ask the Leader of the Opposition why, on several occasions in his speech, he persisted in blaming the drafters for the flaws that he identified in the bill. Surely the drafters were acting on political instructions of the appropriate ministers." | |||||
Nancy Ruth | Absent | Yes | Ontario | ||
Ruth is openly gay. She is a prominent feminist and gay rights advocate. | |||||
2 | 0 | (3 absent) |
Name | 2nd Reading | 3rd Reading | Province | ||
---|---|---|---|---|---|
Lillian Dyck | Yes | Yes | Saskatchewan | ||
Voted "Yes" on second reading | |||||
1 | 0 | (0 abstained or absent) |
* | * | * | Tardif | Massicotte | * | Cowan | McCoy | * | Rivest | * | * | Cools | Gustafson | * | Eyton | Angus | * | Nolin | * | * | Munson | Mercer | * | Peterson | Dyck | * | * | * |
Pitfield | Downe | * | Spivak | Mitchell | * | Ruth | Atkins | * | Di Nino | Keon | * | Meighen | Forrestall | * | Tkachuk | LeBreton | * | Johnson | Andreychuk | * | Chaput | Merchant | * | Trenholme Counsell | Ringuette | * | Plamondon | * |
* | * | * | * | * | * | Doody | Murray | * | Carney | Buchanan | * | Kelleher | * | * | Kinsella | Stratton | * | St. Germain | Cochrane | * | Comeau | Oliver | * | Fraser | Hubley | * | * | Prud'homme |
* | ||||||||||||||||||||||||||||
Hays | ||||||||||||||||||||||||||||
* | ||||||||||||||||||||||||||||
* | * | * | * | * | * | Bacon | Callbeck | * | Joyal | * | * | Fairbairn | Carstairs | * | Austin | Rompkey | * | Robichaud | de Bané | * | Hervieux-Payette | Smith | * | Eggleton | Adams | * | Watt | Baker |
* | * | * | Kenny | Furey | * | Dallaire | Maheu | * | Fitzpatrick | Grafstein | * | Stollery | Pépin | * | Kirby | Losier-Cool | * | Milne | Gill | * | * | Cordy | * | Lapointe | Jaffer | * | Harb | Lavigne |
* | * | * | Phalen | Moore | * | Day | Banks | * | Ferretti Barth | Corbin | * | Cook | Mahovlich | * | Poulin | Poy | * | Pearson | Bryden | * | Sibbeston | Christensen | * | * | Biron | * | * | * |
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