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Halpern v Canada (AG), [2003] O.J. No. 2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.
Common-law marriage is a marriage that takes legal effect without the prerequisites of a marriage license or participation in a marriage ceremony. The marriage occurs when two people who are legally capable of being married, and who intend to be married, live together as a married couple and hold themselves out to the world as a married couple.
Reference Re Same-Sex Marriage Halpern v Canada (AG) Civil Marriage Act: Parliament; 38th House · 39th House: 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: Canada portal LGBTQ portal
Civil marriage should adapt to contemporary notions of marriage as an institution in a society which recognizes the rights of homosexual persons to non-discriminatory treatment." The court gave the Government of Canada until July 2, 2004 to change the definition of marriage to include same-sex couples, similar to the ruling issued in Ontario.
The Court rejected this definition by applying the living tree doctrine used in the famous Persons case, analogizing the exclusion of women from the common law definition of "persons" to that of same-sex couples. The interveners had argued that the meaning of marriage is fixed into convention beyond the reach of the constitution as its old ...
The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta , Prince Edward Island , the Northwest Territories , and Nunavut .
The court ruled that limiting marriage to opposite-sex couples violated the equality provisions of the Canadian Charter of Rights and Freedoms, giving the Government of Canada a two-year stay of judgment in which to pass legislation implementing same-sex marriage; otherwise, same-sex marriage would come into force automatically.
Download as PDF; Printable version; In other projects Wikidata item; ... Pages in category "Common-law marriage" The following 12 pages are in this category, out of ...