Same-sex marriage in New Brunswick
Encyclopedia
Same-sex marriage in New Brunswick: The province of New Brunswick
began issuing marriage licences to same-sex couples on July 4, 2005, pursuant to a June 23 court ruling.
Brad Green
announced in September 2004
that the Government of New Brunswick
would not follow in the footsteps of Nova Scotia
in issuing marriage licenses to same-sex couples. He said that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the federal government 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 will comply with it. He also indicated he would comply with a court ruling.
), as well as Catherine Sidney and Bridget McGale and two other couples.
On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick
in Moncton issued a ruling that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter
rights, in accordance with the court rulings in other provinces. She allowed a ten-day grace period to the government in which to begin issuing same-sex marriage licences. This was less than a month before Parliament made same-sex marriage throughout Canada.
The new licenses became available on July 4.
New Brunswick
New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
began issuing marriage licences to same-sex couples on July 4, 2005, pursuant to a June 23 court ruling.
Background
Following a number of court rulings in other provinces recognizing the right of same-sex couples to marry, New Brunswick's Justice MinisterJustice Minister
A justice ministry is a ministry or other government agency charged with justice. The ministry is often headed by a minister for justice or secretary of justice or secretary for justice; sometimes the head of a department of justice is entitled attorney general.Specific duties may relate to...
Brad Green
Brad Green (politician)
Bradley V. Green, QC is a Canadian lawyer, judge and a former politician in the Province of New Brunswick....
announced in September 2004
2004 in Canada
Events from the year 2004 in Canada.-January:* January 1 - Montreal Dorval Airport is renamed, after some controversy, Montréal-Pierre Elliott Trudeau International Airport....
that the Government of New Brunswick
Legislative Assembly of New Brunswick
The Legislative Assembly of New Brunswick is located in Fredericton. It was established de jure when the colony was created in 1784, but only came in to session in 1786 following the first elections in late 1785. Until 1891, it was the lower house in a bicameral legislature when its upper house...
would not follow in the footsteps of Nova Scotia
Same-sex marriage in Nova Scotia
Same-sex marriage in Nova Scotia dates from August 2004, when three couples in Nova Scotia brought the suit Boutilier et al. v. Canada and Nova Scotia against the provincial and federal governments requesting that it issue same-sex marriage licences.The partners who brought suit were:*Brian...
in issuing marriage licenses to same-sex couples. He said that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the federal government came up with another definition (as it finally did with the Civil Marriage Act
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...
in 2005).
However, Premier Bernard Lord
Bernard Lord
Bernard Lord, ONB, QC, is a Canadian politician and lobbyist. Lord served as the 30th Premier of New Brunswick from 1999 to 2006.-Early life:...
indicated that if and when the federal government passes such legislation, his government will comply with it. He also indicated he would comply with a court ruling.
Court ruling
In April 2005, four same-sex couples filed a court challenge against the government's policy against issuing marriage licences to same-sex couples. The couples include prominent New Brunswick gay rights advocate Art Vautour-Toole and his husband Wayne Toole (who have been married in OntarioSame-sex marriage in Ontario
The first legal same-sex marriages performed in Ontario were of Kevin Bourassa to Joe Varnell, and Elaine Vautour to Anne Vautour, by Rev. Brent Hawkes on January 14, 2001....
), as well as Catherine Sidney and Bridget McGale and two other couples.
On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick
Court of Queen's Bench of New Brunswick
The Court of Queen's Bench of New Brunswick is the superior court of the Canadian province of New Brunswick.- Structure :...
in Moncton issued a ruling that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
rights, in accordance with the court rulings in other provinces. She allowed a ten-day grace period to the government in which to begin issuing same-sex marriage licences. This was less than a month before Parliament made same-sex marriage throughout Canada.
The new licenses became available on July 4.