December 9th...

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SUPREME COURT OF CANADA -- JUDGMENT TO BE RENDERED IN REFERENCE

OTTAWA, 2004/11/30. THE SUPREME COURT OF CANADA ANNOUNCED TODAY THAT JUDGMENT IN THE FOLLOWING REFERENCE WILL BE DELIVERED AT 9:45 A.M. ON THURSDAY, DECEMBER 9, 2004.

FROM: SUPREME COURT OF CANADA (613) 995-4330

COUR SUPRÊME DU CANADA -- PROCHAIN JUGEMENT -- RENVOI

OTTAWA, 2004/11/30. LA COUR SUPRÊME DU CANADA A ANNONCÉ AUJOURD'HUI QUE JUGEMENT SERA RENDU DANS LE RENVOI SUIVANT LE JEUDI 9 DÉCEMBRE 2004, À 9 H 45.

SOURCE: COUR SUPRÊME DU CANADA (613) 995-4330

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 (29866)

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29866 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 the 16th of July 2003

By Order in Council P.C. 2003-1055, dated the 16th of July 2003, Her Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 53 of the Supreme Court Act, refers to the Supreme Court of Canada for hearing and consideration the following questions:

1. Is the annexed Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent?

2. If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars, and to what extent?

3. Does the freedom of religion guaranteed by paragraph 2(a) of the Canadian Charter of Rights and Freedoms protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?

On January 28, 2004, the Governor in Council filed a Notice of Amended Reference amending this Reference by asking a fourth question.

4. Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Québec in s. 5 of the Federal Law-Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent?

Origin of the case: Canada

File No.: 29866

Counsel: Peter W. Hogg Q.C./Michael H. Morris for the Appellant