Gay marriage in alberta
In 2005, the Marriage for Civil Purposes Act,[i] also known as Bill C-38, became law. This Act gives same-sex couples the legal right to marry, making Canada only the fourth country in the world to legalize same-sex marriages.[ii] Prior to this enactment, the courts in eight provinces[iii] struck down the traditional definition of marriage as a violation of section 15 of the Canadian Charter of Rights and Freedoms.[iv]
Traditional Definition of Marriage
The traditional definition of marriage was "the lawful union of one human and one woman to the exclusion of all others." In other words, only two people of different sexes could legally marry.[v]
Evolution of the Right to Same-Sex Marriage: A Brief History
(a) Halpern v. Canada
The first landmark case was Halpern v. Canada[vi]. In this case, two same-sex couples were married in a religious ceremony at a Christian Church. The Ontario government, however, refused to register the marriages, arguing that the legal definition of marriage did not include same-sex marriages. The couples took the issue to court.
The
EDMONTON, Alberta (BP)–There were plenty of traditionally minded politicians in Canada disappointed with the legalization of “gay marriage” July 20. None, though, were more disheartened than Alberta Premier Ralph Klein, who had fought for years against the redefinition of marriage.
“It’s a sad day for the majority of Albertans who believe in the traditional definition of marriage,” Klein told Canadian Press. “We have to obey the law of the land, and it’s unfortunate that such a law would be passed.”
Heading into July 20, Alberta was the lone provincial holdout in legalizing “gay marriage.” Of the 10 provinces, eight had been forced to legalize it by courts, and a ninth was set to legalize it within weeks.
But Klein and conservative Alberta had refused to follow the other provinces’ lead, hoping for a fix. In the end, Alberta officials decided that a fight with the federal government would be futile.
Klein, a member of the Conservative Party, says he believes his viewpoint is the majority one nation
Civil Marriage Act
S.C. 2005, c. 33
Assented to 2005-07-20
An Act respecting certain aspects of legal capacity for marriage for civil purposes
Preamble
WHEREAS the Parliament of Canada is involved to upholding the Constitution of Canada, and section 15 of the Canadian Charter of Rights and Freedoms guarantees that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination;
WHEREAS the courts in a majority of the provinces and in one territory have recognized that the right to equality without discrimination requires that couples of the similar sex and couples of the opposite sex have equal access to marriage for civil purposes;
WHEREAS the Supreme Court of Canada has recognized that many Canadian couples of the same sex have married in reliance on those court decisions;
WHEREAS only equal access to marriage for civil purposes would respect the right of couples of the alike sex to equality without discrimination, and civil union, as an institution other than marriage, would not offer them that
If your relationship has broken down, and you are living together but are not married, you obviously can’t 'get separated' to legally separate, nor do you need to. However, you may still have to address Family Law Act issues like property division, child custody, child sustain , and interdependent partner support.
The Family Law Act accords specific rights to unmarried couples who are in adult interdependent relationships, regardless of sexual orientation or identity. Let’s explain the rights of unmarried gay couples who want to separate in Alberta.
The Rights of Unmarried Gay Couples Who Want to Separate in Alberta
What Is An Noun Interdependent Relationship?
An adult interdependent relationship is when two people choose to live together without getting married, including, but not limited to, same-sex couples. A cohabitation of this nature gives rise to separate a number of rights if the relationship ends.. But only if they have been in a marriage-like relationship for three years (or less if they have children)
According to Alberta law, the relationship is one where