Same-sex marriage in Prince Edward Island
Encyclopedia
The Canadian province of Prince Edward Island
began the process of updating its laws to recognize same-sex marriage
after the passage in the House of Commons
of Bill C-38, the Civil Marriage Act
, the federal law recognizing same-sex marriage
. It had been one of only four provinces and territories, with Alberta
, Northwest Territories
, and Nunavut
, where same-sex marriage had not already been legalized by court challenges prior to the passage of Bill C-38.
On December 10, 2004, Premier Pat Binns
stated that his government would wait for federal legislation to resolve the issue. It is unclear how Binns would have reacted if a provincial court had found the traditional definition of marriage in violation of the Charter
rights of gays and lesbians.http://pei.cbc.ca/regionalnews/caches/pe-samebinns20041210.html
After the Canadian House of Commons
passed Bill C-38 in June 2005, provincial attorney-general Mildred Dover announced that the province would bring provincial legislation in line with the bill, which passed through the Senate
in July and received royal assent the next day on July 20, 2005.
However, Ms. Dover announced that same-sex marriage licences would not be issued until the province's laws were updated. That could take until the autumn. This is different from how the process has worked in other provinces; in those where courts called for same-sex marriage, and in Alberta after C-38 was passed.
Complaints immediately arose charging that the delay imposed by the province was illegal and violated the legal rights of same-sex couples. In response to these complaints, the province reversed its position. The first same-sex couple to wed on Prince Edward Island were Dr. Chris Zarow and Constance Majeau on August 20, 2005, as reported in the Guardian
.
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
began the process of updating its laws to recognize same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
after the passage in the House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
of Bill C-38, the Civil Marriage Act
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...
, the federal law recognizing same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
. It had been one of only four provinces and territories, with Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
, and Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
, where same-sex marriage had not already been legalized by court challenges prior to the passage of Bill C-38.
On December 10, 2004, Premier Pat Binns
Pat Binns
Patrick George Binns , is a Canadian diplomat who was named Ambassador to Ireland on August 30, 2007.Binns has a long history of public service, most notably being the 30th Premier of Prince Edward Island, holding office from 1996 to 2007, during which time he was the leader of the Prince Edward...
stated that his government would wait for federal legislation to resolve the issue. It is unclear how Binns would have reacted if a provincial court had found the traditional definition of marriage in violation of the Charter
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
rights of gays and lesbians.http://pei.cbc.ca/regionalnews/caches/pe-samebinns20041210.html
After the Canadian House of Commons
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
passed Bill C-38 in June 2005, provincial attorney-general Mildred Dover announced that the province would bring provincial legislation in line with the bill, which passed through the Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
in July and received royal assent the next day on July 20, 2005.
However, Ms. Dover announced that same-sex marriage licences would not be issued until the province's laws were updated. That could take until the autumn. This is different from how the process has worked in other provinces; in those where courts called for same-sex marriage, and in Alberta after C-38 was passed.
Complaints immediately arose charging that the delay imposed by the province was illegal and violated the legal rights of same-sex couples. In response to these complaints, the province reversed its position. The first same-sex couple to wed on Prince Edward Island were Dr. Chris Zarow and Constance Majeau on August 20, 2005, as reported in the Guardian
Charlottetown Guardian
The Guardian is a daily newspaper in Charlottetown, Prince Edward Island.The paper was originally launched in the 1870s as The Presbyterian and Evangelical Protestant Union, owned by Presbyterian minister Stephen G. Lawson...
.