New Brunswick Becomes 8th Province
to Extend Equal Marriage

Failing to pass bill would be cowardly attempt
to transfer issue to the courts

June 23, 2005

[Ottawa, ON] - Today the Court of Queen's Bench of New Brunswick ruled that the Charter requires that same-sex couples be given access to civil marriage and ordered the inclusion of same-sex couples in civil marriage in the province.

While Canadians for Equal Marriage (CEM) is pleased with the decision, it laments the fact that the Conservative Party insists on stubbornly opposing passage of Bill C-38. Despite the fact that all MPs have made up their minds on equal marriage, the Conservative Party persists in trying to prevent Parliament from voting.

With this decision, there remain only two provinces (PEI and Alberta) and two territories (Nunavut and Northwest Territories) in the country that exclude same-sex couples from marrying.

This decision follows similar decisions in the other seven provinces and the Yukon, which also said that excluding same-sex couples from civil marriage violates the equality provision (s.15) of the Charter of Rights and Freedoms. The Supreme Court of Canada re-affirmed these decisions in its December 9, 2004 reference decision.

"It is clear that this court action was prompted by a sense of frustration with the political process. Gay and lesbian couples in New Brunswick simply want to join the other nearly 90 percent of Canadians who live in jurisdictions where same-sex couples have the right to marry," said Alex Munter, national spokesperson for CEM. "They didn't have that right in New Brunswick, even though they are Canadian citizens, taxpayers and contributing members of their community."

"June 10 was the second anniversary of legal marriage for same-sex couples in Canada," said Munter. "After more than two years, passage of the equal marriage bill is within Parliament's reach. MPs can live up to their responsibility or they can be cowards and let the courts decide. It would be irresponsible to leave the equal marriage bill hanging. An overwhelming majority of Canadians want this issue dealt with now, not delayed and delayed."

Munter added: "As soon as the legislation is passed, Canadians will move on to other issues. As long as the debate persists, opponents of the legislation will continue to foster social division and spread falsehoods about the impact of the bill."

Since this debate began, over 500 witnesses have appeared before two different Commons committees, MPs have voted three times in two different Parliaments to endorse equal marriage, an election campaign featured the Notwithstanding Clause, there were seven more court decisions, a Supreme Court reference and extensive debate in the public square."

The length of time this issue has been debated both in and outside the House of Commons is precisely the reason opinion polls report virtually no undecided Canadians. There is also not a single undecided Member of Parliament. The Commons has already approved the bill in principle.

CEM is a national coalition of organizations whose memberships comprise millions of Canadians including the Canadian Association of Social Workers, Canadian Labour Congress, Egale Canada and the Canadian Federation of Students. CEM has been vocal throughout the country in its support of the equal marriage bill.