Bill C-38 is not yet law

[c9]

I'm very pleased, as are many of you, that Bill C-38 passed the House of Commons last night. The vote was 158-133, which means that not only did it win by 25 votes, but even if everyone who was away had voted against it, it still would have passed by 8 votes. Not really a landslide, but human rights are consistently hard to win majority approval for, in most countries.

But it's not law yet! In Canada, when a bill passes the House of Commons, it must then also be passed by the Senate. After that, it awaits Royal Assent in the form of a signature by the Governor General. Incidentally, the Senate can pass things first and then send them to the House.

The Senate is currently two-thirds Liberal, and in Canada the Governor General does not act against the Prime Minister's wishes except in very extreme circumstances. So neither of those steps is in doubt, but the Senate has all the same processes and committees as the House, so we have First Reading, Second Reading, Committee leading to Report Stage, and the Final Third Reading. It's possible for bills to be tied up in the Senate for months, but the current rumour is that things will go very quickly. From a correspondent in London with ears on the Hill:

It will go through 1st and 2nd reading immediately, possibly today, and then be sent to a Senate committee for review. The expectation is the committee will return the bill for 3rd reading early next week, with a possible vote by the middle of the week.

The Senate has fewer rules allowing closure, but Jack Austin, the Gov house leader in the senate was making clear he would use time allocation of the debate in the Senate was not producing anything new -- that is, anything other than obstruction and delay.

So the GG could have it by next week, probably at the latest.

It all depends on what happens today.

Will we have equal marriage by Canada Day? Highly unlikely. By August 1st? Almost guaranteed.

Downside: this leaves time for Spain to win the bronze, so to speak, and become the third country to really allow equal marriage everywhere in law. But with the protests there, maybe it will be slowed down. Hard to tell.

Comments

[putaindemerde.livejournal.com]

It's definitely awesome for you guys up there. And in Massachusetts, I think we still have until November 2008... but at least November 2006, if what I heard recently wasn't correct.

As for Spain, they're a predominantly Catholic nation, so I would guess that would slow them down significantly. Hadn't I heard that both Belgium and the Netherlands had "legalized" gay marriage before you guys, though? Or is one of them still in the process...

never mind...

[putaindemerde.livejournal.com]

I misread the bottom of your post... you're saying that Canada and Spain will be competing for the bronze, that two other countries have already done it. I see you guys getting it first. I read on CNN that it's merely a formality at the Senate level.

[c9.livejournal.com]

That's why I said bronze...

Gold: Netherlands
Silver: Belgium
Bronze: Canada or Spain

In Spain though, the government has a majority and has expressed quite clearly its willingness to pass the law, and even though the first attempt was defeated, the governing party can force things through too. It will be interesting to watch.

What did you hear about MA? My understanding was that both sessions of the legislature (last year, this year) had passed the amendment, so now it would be on the ballot for November 2006.

Re: never mind...

[c9.livejournal.com]

Haha - this is true, but I love that CNN is your source for Canadian politics. :-)

The thing is, I don't know how fast Spain's parliament moves. If it's possible that they could have something done within a week, then they win. After that, it's us.

[putaindemerde.livejournal.com]

Read me (http://www.boston.com/news/local/articles/2005/06/15/group_to_seek_referendum_against_gay_marriage)

This article describes the new amendment that many opponents of gay marriage want to get cranking. Instead of one that bans gay marriage, but allows civil unions, the hardcore opponents want one that bans both. If folks really want this new measure to come about, they won't get passed until November 2008 (they need lots of signatures, then it's Con-Con 06 and Con-Con 07, then the November 08 ballot). A new one apparently overrides the old one which means now I don't have to rush around too much; now, I have three whole years to find a husband :-P

I remember seeing these anti-gay marriage folks on the news a couple of weeks back. What a frightening-looking cult of rednecks!! :-P

[rebelprince26.livejournal.com]

that's awesome!

now i love canada even more! but what's canada day?

[skaughty.livejournal.com]

Think the 4th of July, but without the colour blue..

[rebelprince26.livejournal.com]

a ha! :) when is it?

[c9.livejournal.com]

I know it's easy to say it since I'm in Canada, but I wouldn't worry. More extreme measures are always less likely to pass, as more people would balk at the idea (especially in MA) of restricting all rights. Even in the USA many people support equal rights, just not the word marriage. And that support is strongest in MA, CA, WA... all the _A states. :)

Also, the fact that it adds two more years to the timeline makes it less likely too. Time is on your side, as frustrating as it is to be stuck within the "moment of history," when it feels very slow-moving.

[c9.livejournal.com]

July 1st. The Dominion of Canada was formed from several different British colonies on July 1, 1867, so on that day we celebrate Canada Day.

[ratonil.livejournal.com]

Law or not. It's a great think... and the logical step in the "evolution" of Canada... and it doesn't matter if you don't win bronze :)... You already have gold in many issues.

[iambic-cub.livejournal.com]

I didn't realize human rights were a competition, but maybe if they were, they'd be more widespread. I'm sure many a dictator has a competitive streak.

[c9.livejournal.com]

Before 1867, there was Upper Canada and Lower Canada, which technically speaking were two different countries (more like colonies). Also, Nova Scotia, which was later broken up into present-day Nova Scotia, New Brunswick, and Prince Edward Island. It's all a very incestuous past.

There have been ancestors of Canadians living on this land as British and French subjects for longer than there were in the USA! :)

[c9.livejournal.com]

Really, Canada and the US are among the oldest of countries. We think of certain places as being very old, but even the country of Italy as it currently exists is younger than Canada. :)

But yeah, realistically, the European-based countries of North America are very young. Too bad the First Nations never put up customs checkpoints, or they'd get a lot more respect from the world!

[c9.livejournal.com]

One addition: England decided to allow local legislatures in the provinces, especially in Lower Canada, as a way to appease them as well. The legislatures were mostly appointed, and mostly pointless too!

Did you know that one of the articles of the USA Declaration of Independence is a whiny complaint about how big Québec is? :)

[c9.livejournal.com]

In very broad strokes, I would agree. But even within Canada there are several distinct societies, so within North America I would expect at least ten or so major groupings...

[c9.livejournal.com]

Here's the actual text: For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies.

The big complaint was the system of Civil Law (as opposed to the more common English practice of Common Law) being retained after Lower Canada was put under final British rule.

From http://www.law.indiana.edu/uslawdocs/declaration.html

[c9.livejournal.com]

Hell, the US had invasion plans on the books until 1935.

[nihilicious.livejournal.com]

I'd have to look up the dates ... but don't forget that they started off as "Upper Canada" and "Lower Canada", but then became "Canada East" and "Canada West" on unification (1840?)

[putaindemerde.livejournal.com]

In a sense (slow-moving or not), we're already there, Cam. MA is the only state in the country who has said "yes" to gay marriage, even if it's possible that this is only temporary. The fact is: if someone walks into my life tomorrow and our relationship grows into something where marriage is an option - say, next winter or spring - then I can walk into the town hall where I live and get a marriage license. If I marry somebody before the people vote against the matter (which could happen, as you know), I will be grandfathered in, along with everyone else. Towns, cities, employers, anyone in the state of MA will be forced to recognize that I am married to another man until we're dead.

So I'd really like to claim the bronze medal for the Commonwealth of Massachusetts... for now, anyway. You can take it back for Canada later, if necessary since anything is possible with Mitt the Shit and his band of merry fuckwads... but, deep down, I'd like to think we may actually retain the right far beyond this little obstacle that the conservatives are trying to assemble.

[c9.livejournal.com]

*grin* Too true.

[putaindemerde.livejournal.com]

Slightly off-topic, did I read on Wikipedia that gay divorce was made legal last year in Ontario, and that you guys are the first province au Canada to do so?

I could have been imagining it...