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    Reference re Same-Sex Marriage
    Reference re Same-Sex Marriage
    Reference re Same-Sex Marriage
    Ebook45 pages36 minutes

    Reference re Same-Sex Marriage

    By Supreme Court of Canada

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    "Reference re Same-Sex Marriage" by Supreme Court of Canada. Published by Good Press. Good Press publishes a wide range of titles that encompasses every genre. From well-known classics & literary fiction and non-fiction to forgotten−or yet undiscovered gems−of world literature, we issue the books that need to be read. Each Good Press edition has been meticulously edited and formatted to boost readability for all e-readers and devices. Our goal is to produce eBooks that are user-friendly and accessible to everyone in a high-quality digital format.
    LanguageEnglish
    PublisherGood Press
    Release dateDec 8, 2020
    ISBN4064066402297
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      Book preview

      Reference re Same-Sex Marriage - Supreme Court of Canada

      Supreme Court of Canada

      Reference re Same-Sex Marriage

      Published by Good Press, 2022

      [email protected]

      EAN 4064066402297

      Table of Contents

      Held

      Question 1

      Question 2

      Question 3

      Question 4

      Cases Cited

      Statutes and Regulations Cited

      Counsel

      Opinion

      I. Introduction

      II. The Reference Questions

      (1) Section 1 of the Proposed Act

      (b) Objections: The Purported Scope of Section 91(26)

      (ii) The Scope Accorded to Section 91(26) Does Not Trench on Provincial Competence

      (2) Section 2 of the Proposed Act

      B.Question 2: Is Section 1 of the Proposed Act, Which Extends Capacity to Marry to Persons of the Same Sex, Consistent with the Charter?

      (1) Purpose of Section 1 of the Proposed Act

      (2) Effect of Section 1 of the Proposed Act

      (a) Section 15(1) : Equality

      (b) Section 2(a) : Religion

      C.Question 3: Does the Freedom of Religion Guaranteed by Section 2(a) of the Charter Protect Religious Officials From Being Compelled to Perform Same-Sex Marriages Contrary to Their Religious Beliefs?

      D.Question 4: Is the Opposite-Sex Requirement for Marriage for Civil Purposes, As Established by the Common Law and Set Out for Quebec in Section 5 of the Federal Law-Civil Law Harmonization Act, No. 1, Consistent with the Charter?

      III.Conclusion

      Solicitors

      IN THE MATTER OF Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26;AND IN THE MATTER OF a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003

      Neutral citation: 2004 SCC 79.

      File No.: 29866.

      2004: October 6, 7; 2004: December 9.

      Present: McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

      REFERENCE BY GOVERNOR IN COUNCIL

      Constitutional law — Distribution of legislative powers — Marriage — Solemnization of marriage — Federal proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes — Proposed legislation providing that marriage for civil purposes lawful union of two persons to exclusion of all others — Legislation providing also that nothing in Act affecting freedom of officials of religious groups to refuse to perform marriages not in accordance with their religious beliefs — Whether proposed legislation intra vires Parliament — Constitution Act, 1867, ss. 91(26), 92(12).

      Constitutional law — Charter of Rights — Equality rights — Freedom of religion — Proposed federal legislation extending right to civil marriage to same-sex couples — Whether proposed legislation consistent with guarantees of equality rights and freedom of religion — Canadian Charter of Rights and Freedoms, ss. 2(a), 15(1).

      Constitutional law — Charter of Rights — Freedom of religion — Proposed federal legislation extending right to civil marriage to same-sex couples — Whether guarantee of freedom of religion protects religious officials from being compelled by state to perform same-sex marriage contrary to their religious beliefs — Canadian Charter of Rights and Freedoms, s. 2(a).

      Courts

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