The Reminder is making its archives back to 2003 available on our website. Please note that, due to technical limitations, archive articles are presented without the usual formatting.
Same-sex Marriage: A Question of Rights Extending civil marriage to same-sex partners has been the subject of much debate in Canada. But now that the Supreme Court has ruled that the right to civil marriage for all Canadians flows from the Charter of Rights and Freedoms, that debate becomes one of protecting minority rights. Now that the Court has provided its direction, it is up to Parliament to decide what to do. We have two choices: allow same-sex civil marriage to protect the rights of a minority or go backwards to change the law that has been established in eight jurisdictions. Clearly we think that denying anyone a right Ñ a right that has now been established in a majority of the country Ñ is the wrong thing to do. There is only one way to deny a minority right, and it is a slippery slope: the notwithstanding clause. Parliament would have to pass a bill that enforced the traditional definition of marriage notwithstanding the right to the equal protection and equal benefit of the law without discrimination to which all Canadians are entitled. The Government of Canada has never used the notwithstanding clause. To do so now would be to cut a key thread in our social fabric. Canadians have always stood for the protection and defence of minority rights in this country. We do not intentionally deny someone a right because it is unpopular or controversial. That is not the Canadian way. We are the envy of the world in this regard. On the question of religious freedom we are equally clear. We are not talking about religious marriage. The Supreme Court confirmed in its decision that the Charter protects churches, synagogues, mosques and temples from being obliged to perform marriage ceremonies that are contrary to their beliefs. And the Government intends to re-affirm this protection when it introduces its legislation on same-sex marriage early in 2005. Same-sex marriage is an issue that is difficult for many Canadians. But protecting minority rights is the right thing to do. Allowing same-sex civil marriage is an affirmation of Canada's commitment to equality for all. It will promote a society that advocates tolerance and understanding rather than the marginalization and segregation of its citizens. Ñ Ujjal Dosanjh, Federal Minister of Health
