Same-sex marriage in New Brunswick

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Same-sex marriage in New Brunswick has been legal since June 23, 2005 in accordance with a ruling from the Court of Queen's Bench of New Brunswick.[1]

New Brunswick became the ninth jurisdiction in Canada to recognise same-sex marriage, and the last before the federal Civil Marriage Act legalised it nationwide.

Background[]

Following a number of court rulings in other provinces and territories recognizing the right of same-sex couples to marry, Justice Minister Brad Green announced in September 2004 that New Brunswick would not follow in the footsteps of Nova Scotia in issuing marriage licenses to same-sex couples. He argued that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the Government of Canada comes 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 would comply with it. He also indicated he would comply with a court ruling, even though he was personally opposed to same-sex marriage.

Court ruling[]

In April 2005, four same-sex couples filed a court challenge, Harrison v. AG of Canada, against the government's policy of denying marriage licences to same-sex couples. The couples included prominent New Brunswick gay rights advocate Art Vautour-Toole and his husband Wayne Toole (who had married in Ontario), as well as Catherine Sidney and Bridget McGale, Wayne Harrison and Ross Leavitt, and James Crooks and Carl Trickey.[2]

On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick in Moncton ruled that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter rights, in accordance with court rulings in other provinces.[3] She allowed a ten-day grace period to the government to make the necessary administrative adjustments, after which it had to begin issuing same-sex marriage licences. This was less than a month before Parliament of Canada made same-sex marriage legal throughout the country.

The new licenses became available on July 4.[4] This decision meant that about 90% of the Canadian population were living in provinces and territories where same-sex marriage is legal. The federal Civil Marriage Act which received royal assent on July 20, 2005 expanded this number to cover the entire country.

Provincial legislation[]

In March 2007, the Legislative Assembly of New Brunswick amended the provincial Family Services Act to allow same-sex couples to adopt.[5] The amendments took effect on 1 February 2008.[6]

In December 2008, the Assembly made numerous amendments to the Marriage Act (French: Loi sur le mariage) and other acts regarding family law, replacing references to "husband and wife" with the gender-neutral term "spouses".[7] The legislation received royal assent by Lieutenant Governor Herménégilde Chiasson on 19 December 2008.

Marriage statistics[]

The 2016 Canadian census showed that there were 1,435 same-sex couples living in New Brunswick.[8]

Religious performance[]

Bishop David Edwards of the Diocese of Fredericton voted against a motion to authorise same-sex marriage in the Anglican Church of Canada in July 2019. The motion to permit same-sex marriage was narrowed rejected,[9] and instead the church synod passed a resolution known as "A Word to the Church", allowing its dioceses to choose whether to perform same-sex marriages. Edwards supported the resolution, later saying that "during the Fall, discussions will take place in dioceses across the country, including ours, as to how to respond to the outcome of General Synod".[10]

Public opinion[]

A 2017 CROP poll showed that 78% of respondents in Atlantic Canada supported same-sex marriage, but did not give a figure for each Atlantic province individually. Nationwide, 74% of Canadians were of the same view, while 26% disagreed.[11]

References[]

  1. ^ "Same-sex marriage in the New Brunswick, Canada". Kingston: Ontario Consultants on Religious Tolerance. 29 April 2005. Retrieved 10 March 2011.
  2. ^ "N.B. same-sex couples seek right to marry". Canadian Broadcasting Corporation. 25 April 2005. Retrieved 10 March 2011.
  3. ^ "Court legalizes gay marriage in New Brunswick". CTV. 24 June 2005. Archived from the original on 10 March 2011. Retrieved 10 March 2011.
  4. ^ "All systems go for same-sex marriage in New Brunswick". Canadian Broadcasting Corporation. 4 July 2005. Archived from the original on 10 March 2011. Retrieved 10 March 2011.
  5. ^ Sexual Orientation and Legal Rights
  6. ^ Family Services Act, SNB 1980, c F-2.2
  7. ^ "Modernization of Benefits and Obligations Act" (PDF). Government of New Brunswick. Retrieved February 13, 2016.
  8. ^ "Families, households and marital status: New Brunswick". www12.statcan.gc.ca.
  9. ^ Zeidler, Maryse (13 July 2019). "Anglican Church rejects same-sex marriage approvals in vote". CBC News.
  10. ^ "Statement from the Bishop of Fredericton, The Rt Rev. David Edwards". Diocese of Fredericton. July 16, 2019.
  11. ^ I find it great that in our society, two people of the same sex can get married, CROP Panorama

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