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13-Oct-2020 04:13
In 20, decisions in the superior trial courts of Ontario and Quebec held that the restriction of marriage to opposite-sex couples was discriminatory and contrary to the equality clause of the Canadian Charter of Rights of Freedoms, while the superior trial court of British Columbia ruled oppositely.On May 1, 2003, the British Columbia Court of Appeal reversed the superior court decision.According to the Constitution of Canada, the definition of marriage is the exclusive responsibility of the federal government; this interpretation was upheld by a December 9, 2004, opinion of the Supreme Court of Canada (Reference Re Same-Sex Marriage).Until July 20, 2005, the federal government had not yet passed a law redefining marriage to conform to recent court decisions.Same-sex marriage in Canada was progressively introduced in several provinces by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005.
In other provinces, lawsuits were launched seeking permission to marry.
Thereafter, many same-sex couples obtained marriage licences in those provinces; like opposite-sex couples, they did not need to be residents of any of those provinces to marry there.