Ottawa may tweak divorce laws over foreign same-sex marriage
Posted January 12, 2012 10:55 am.
This article is more than 5 years old.
VANCOUVER (NEWS1130) – Canada’s justice minister may modify our divorce laws so foreign couples who marry in Canada, including those in same-sex relationships, can divorce here as well.
This after a government lawyer claimed two non-Canadian lesbians who wed in Canada and now want a divorce were never truly married.
The women, one from Florida, the other from England, were married in Toronto in 2005 but now want to split up.
However, a justice department lawyer argued they were never really married because they weren’t allowed to be wed in their home countries and they have to live in Canada for one year before they can divorce.
The legal argument has caused an uproar in Canada’s gay, lesbian, bi-sexual and transgendered community but in a written statement Justice Minister Rob Nicholson insists the government does not plan to re-open the debate on the definition of marriage.
“This case…involved the fact that, under current law, some marriages performed in Canada could not be dissolved in Canada,” says Nicholson.
“I will be looking at options to clarify the law so that such marriages performed in Canada can be undone in Canada.”
barbara findlay, a Vancouver-based lawyer, says it’s not just same sex marriages in jeopardy.
“Let’s suppose that there is a country that prohibits marriage between people of different religions [or] different races,” she proposes. “The logic of the position in this case is that Canada wouldn’t let them get married here either.”
findlay says any benefits the women were able to apply for and receive in the US and the UK could also be at risk.
Ken Coolen with the Vancouver Pride Society says the city is a big destination for same-sex couples who want to get married and the court case could hurt business.
“It is a very big draw for many people to many, many events. It will be interesting to see reaction that starts to happen because of this.”
Coolen says he’s more worried Canada’s reputation as a human rights defender could be hurt.
Candice Gibson with Tourism Vancouver says she hopes the issue doesn’t stop same-sex couples from coming to the city to get married.
“I actually think that the majority of people who come here as gay travellers to Vancouver come here for other reasons,” she says. “I think that gay marriage is only one motivating factor and may not have anything to do with their trip at all.”
Gibson says 300 Americans had same-sex marriages performed in BC in 2009.
