Reference re Same-Sex Marriage
()
About this ebook
Related to Reference re Same-Sex Marriage
Related ebooks
The Constitutional Case for Religious Exemptions from Federal Vaccine Mandates Rating: 0 out of 5 stars0 ratingsConnecticut: Formerly the Constitution State Rating: 0 out of 5 stars0 ratingsThe Anti-Slavery Examiner, Part 2 of 4 Rating: 0 out of 5 stars0 ratingsAddress at Oregon Bar Association annual meeting Rating: 0 out of 5 stars0 ratingsThe New Right v. The Constitution Rating: 0 out of 5 stars0 ratingsWeak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law Rating: 5 out of 5 stars5/5Summary of Jay M. Feinman's Law 101 Rating: 0 out of 5 stars0 ratingsThe Cultural Bill of Rights: Twelve Amendments to Help America Stay America Rating: 0 out of 5 stars0 ratingsOur Changing Constitution Rating: 0 out of 5 stars0 ratingsCato Supreme Court Review, 2001-2002 Rating: 0 out of 5 stars0 ratingsConstitutional Challenges to the Drug Law: A Case Study Rating: 0 out of 5 stars0 ratingsThe Constitution of the United States: A Primer for the People Rating: 5 out of 5 stars5/5The Laws Of War, Affecting Commerce And Shipping Rating: 0 out of 5 stars0 ratingsHarvard Law Review: Volume 131, Number 6 - April 2018 Rating: 0 out of 5 stars0 ratingsThe Supreme Court Review, 2015 Rating: 0 out of 5 stars0 ratingsThe Journal of Negro History, Volume 6, 1921 Rating: 0 out of 5 stars0 ratingsSame-Sex Marriage and Religious Liberty: Emerging Conflicts Rating: 4 out of 5 stars4/5Strictures on Nullification Rating: 0 out of 5 stars0 ratingsWhat Prohibition Has Done to America Rating: 0 out of 5 stars0 ratingsOur Changing Constitution Rating: 0 out of 5 stars0 ratingsGale Researcher Guide for: Creating the Congress Rating: 0 out of 5 stars0 ratingsCato Supreme Court Review, 2008-2009 Rating: 0 out of 5 stars0 ratingsToefl ibt Practice Tests: Toefl ibt Practice Tests Series, #2 Rating: 0 out of 5 stars0 ratingsThe Declaration of Independence and the Constitution of the United States Rating: 0 out of 5 stars0 ratingsUnderstanding Your Right to Due Process Rating: 0 out of 5 stars0 ratingsBehind the Bill of Rights: Timeless Principles that Make It Tick Rating: 0 out of 5 stars0 ratingsInterpreting the Free Exercise of Religion: The Constitution and American Pluralism Rating: 0 out of 5 stars0 ratingsHarvard Law Review: Volume 131, Number 5 - March 2018 Rating: 0 out of 5 stars0 ratingsUnderstanding the Rule of Law: No One is Above the Law Rating: 0 out of 5 stars0 ratings
Nature For You
Floriography: An Illustrated Guide to the Victorian Language of Flowers Rating: 4 out of 5 stars4/5The Soul of an Octopus: A Surprising Exploration into the Wonder of Consciousness Rating: 4 out of 5 stars4/5The Sixth Extinction: An Unnatural History Rating: 4 out of 5 stars4/5Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants Rating: 5 out of 5 stars5/5SAS Survival Handbook, Third Edition: The Ultimate Guide to Surviving Anywhere Rating: 4 out of 5 stars4/5The Well-Gardened Mind: The Restorative Power of Nature Rating: 4 out of 5 stars4/5Silent Spring Rating: 4 out of 5 stars4/5Foraging for Survival: Edible Wild Plants of North America Rating: 0 out of 5 stars0 ratingsWhy Fish Don't Exist: A Story of Loss, Love, and the Hidden Order of Life Rating: 4 out of 5 stars4/5The Forager's Harvest: A Guide to Identifying, Harvesting, and Preparing Edible Wild Plants Rating: 4 out of 5 stars4/5The God Delusion Rating: 4 out of 5 stars4/5My Family and Other Animals Rating: 4 out of 5 stars4/5The Solace of Open Spaces: Essays Rating: 4 out of 5 stars4/5Lucky Dog Lessons: From Renowned Expert Dog Trainer and Host of Lucky Dog: Reunions Rating: 4 out of 5 stars4/5The Complete Kitchen Garden: An Inspired Collection of Garden Designs & 100 Seasonal Recipes Rating: 4 out of 5 stars4/5Edible Wild Plants Rating: 4 out of 5 stars4/5World of Wonders: In Praise of Fireflies, Whale Sharks, and Other Astonishments Rating: 4 out of 5 stars4/5Hunt for the Skinwalker: Science Confronts the Unexplained at a Remote Ranch in Utah Rating: 4 out of 5 stars4/5The Heartbeat of Trees: Embracing Our Ancient Bond with Forests and Nature Rating: 3 out of 5 stars3/5Shelter: A Love Letter to Trees Rating: 4 out of 5 stars4/5Under the Henfluence: Inside the World of Backyard Chickens and the People Who Love Them Rating: 0 out of 5 stars0 ratingsThe Corfu Trilogy: My Family and Other Animals; Birds, Beasts and Relatives; and The Garden of the Gods Rating: 4 out of 5 stars4/5The Complete Language of Flowers: A Definitive and Illustrated History Rating: 4 out of 5 stars4/5The Book of Barely Imagined Beings: A 21st Century Bestiary Rating: 0 out of 5 stars0 ratingsArthur: The Dog who Crossed the Jungle to Find a Home Rating: 4 out of 5 stars4/5Norwegian Wood: Chopping, Stacking, and Drying Wood the Scandinavian Way Rating: 4 out of 5 stars4/5The Book of Fungi: A Life-Size Guide to Six Hundred Species from around the World Rating: 4 out of 5 stars4/5
Related categories
Reviews for Reference re Same-Sex Marriage
0 ratings0 reviews
Book preview
Reference re Same-Sex Marriage - Supreme Court of Canada
Supreme Court of Canada
Reference re Same-Sex Marriage
Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4064066402297
Table of Contents
Held
Question 1
Question 2
Question 3
Question 4
Cases Cited
Statutes and Regulations Cited
Counsel
Opinion
I. Introduction
II. The Reference Questions
(1) Section 1 of the Proposed Act
(b) Objections: The Purported Scope of Section 91(26)
(ii) The Scope Accorded to Section 91(26) Does Not Trench on Provincial Competence
(2) Section 2 of the Proposed Act
B.Question 2: Is Section 1 of the Proposed Act, Which Extends Capacity to Marry to Persons of the Same Sex, Consistent with the Charter?
(1) Purpose of Section 1 of the Proposed Act
(2) Effect of Section 1 of the Proposed Act
(a) Section 15(1) : Equality
(b) Section 2(a) : Religion
C.Question 3: Does the Freedom of Religion Guaranteed by Section 2(a) of the Charter Protect Religious Officials From Being Compelled to Perform Same-Sex Marriages Contrary to Their Religious Beliefs?
D.Question 4: Is the Opposite-Sex Requirement for Marriage for Civil Purposes, As Established by the Common Law and Set Out for Quebec in Section 5 of the Federal Law-Civil Law Harmonization Act, No. 1, Consistent with the Charter?
III.Conclusion
Solicitors
IN THE MATTER OF Section 53 of the Supreme Court Act, R.S.C. 1985, c. S-26;AND IN THE MATTER OF a Reference by the Governor in Council concerning the Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes, as set out in Order in Council P.C. 2003-1055, dated July 16, 2003
Neutral citation: 2004 SCC 79.
File No.: 29866.
2004: October 6, 7; 2004: December 9.
Present: McLachlin C.J. and Major, Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.
REFERENCE BY GOVERNOR IN COUNCIL
Constitutional law — Distribution of legislative powers — Marriage — Solemnization of marriage — Federal proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes — Proposed legislation providing that marriage for civil purposes lawful union of two persons to exclusion of all others — Legislation providing also that nothing in Act affecting freedom of officials of religious groups to refuse to perform marriages not in accordance with their religious beliefs — Whether proposed legislation intra vires Parliament — Constitution Act, 1867, ss. 91(26), 92(12).
Constitutional law — Charter of Rights — Equality rights — Freedom of religion — Proposed federal legislation extending right to civil marriage to same-sex couples — Whether proposed legislation consistent with guarantees of equality rights and freedom of religion — Canadian Charter of Rights and Freedoms, ss. 2(a), 15(1).
Constitutional law — Charter of Rights — Freedom of religion — Proposed federal legislation extending right to civil marriage to same-sex couples — Whether guarantee of freedom of religion protects religious officials from being compelled by state to perform same-sex marriage contrary to their religious beliefs — Canadian Charter of Rights and Freedoms, s. 2(a).
Courts