Same-sex marriage in Yukon
Encyclopedia
Same-sex marriage in Yukon began on July 14, 2004, when Yukon
Territory became the fourth jurisdiction in Canada
to legalize same-sex marriage
, after the provinces of Ontario
, British Columbia
, and Quebec
.
Rob Edge and Stephen Dunbar had brought suit against the Yukon government after being refused a marriage licence in Whitehorse
. Their lawyer, Jim Tucker, used a novel approach: rather than arguing on the basis of Section Fifteen of the Canadian Charter of Rights and Freedoms
as in the previous cases, he argued that the federal government's failure to appeal
the decisions legalizing same-sex marriage in Ontario, BC, and Quebec signalled a change in Canadian common law regarding marriage.
Supreme Court of the Yukon Territory
Justice
Peter McIntyre agreed that the federal government was inconsistent in its approach to the definition of marriage, a federal responsibility, since it had not appealed the first three decisions. Therefore, the territory's failure to provide marriage licences to same-sex couples meant that the law was being inconsistently applied in Yukon. Justice McIntyre declared same-sex marriages legal in Yukon, and ordered the government to issue a marriage licence
to Mr. Edge and Mr. Dunbar.
The judge obtained verbal promises from the territorial government that the couple would be granted marriage licences. Yukon premier Dennis Fentie
praised the ruling.
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
Territory became the fourth jurisdiction in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
to legalize 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 provinces of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
, and Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
.
Rob Edge and Stephen Dunbar had brought suit against the Yukon government after being refused a marriage licence in Whitehorse
Whitehorse, Yukon
Whitehorse is Yukon's capital and largest city . It was incorporated in 1950 and is located at kilometre 1476 on the Alaska Highway in southern Yukon. Whitehorse's downtown and Riverdale areas occupy both shores of the Yukon River, which originates in British Columbia and meets the Bering Sea in...
. Their lawyer, Jim Tucker, used a novel approach: rather than arguing on the basis of Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
as in the previous cases, he argued that the federal government's failure to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the decisions legalizing same-sex marriage in Ontario, BC, and Quebec signalled a change in Canadian common law regarding marriage.
Supreme Court of the Yukon Territory
Supreme Court of the Yukon Territory
The Supreme Court of the Yukon Territory is the court of general jurisdiction for the Canadian territory of Yukon. Civil and criminal cases are heard by the court, as well as, appeals from the Yukon Territorial Court, Yukon Small Claims Court and other quasi-judicial boards...
Justice
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
Peter McIntyre agreed that the federal government was inconsistent in its approach to the definition of marriage, a federal responsibility, since it had not appealed the first three decisions. Therefore, the territory's failure to provide marriage licences to same-sex couples meant that the law was being inconsistently applied in Yukon. Justice McIntyre declared same-sex marriages legal in Yukon, and ordered the government to issue a marriage licence
Marriage license
A marriage license is a document issued, either by a church or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time...
to Mr. Edge and Mr. Dunbar.
The judge obtained verbal promises from the territorial government that the couple would be granted marriage licences. Yukon premier Dennis Fentie
Dennis Fentie
Dennis G. Fentie, MLA is a Canadian politician. He was the seventh Premier of Yukon and leader of the Yukon Party, serving from 2002 to 2011, as well as the MLA for Watson Lake.-Background:...
praised the ruling.
External links
- Same Sex Marriage in Canada
- Dunbar & Edge v. Yukon & Canada 2004 YKSC 54 (canlii.ca) - text of the ruling.