Press Release

December 16, 2005

Harper Pledges No Notwithstanding on Equal Marriage

Re-opening equal marriage debate now pointless

Ottawa—At last night’s leaders’ debate, Stephen Harper pledged he would never use the notwithstanding clause to take away the Charter right to equal marriage for same-sex couples.

Courts have repeatedly and consistently ruled that it violates the Charter of Rights and Freedoms to exclude same-sex couples from civil marriage. As a result, legal experts agree any new legislation taking away same-sex couples’ right to marry would ultimately be struck down by the Supreme Court, leaving the notwithstanding clause as the only way to effectively deny same-sex couples access to civil marriage. (See letter signed by 134 constitutional law professors at http://www.law.utoronto.ca/samesexletter.html.)

“We’re happy knowing that at the end of the day, equal marriage is here to stay, but we’re also frustrated,” said Gilles Marchildon, Executive Director of Egale. “By saying he is no longer willing to use the notwithstanding clause to trump the Charter, Mr. Harper is simply dooming us to a pointless, politically-inspired debate to re-open an issue most Canadians believe is settled.”

“Without the notwithstanding clause, any legislation taking away equal marriage will be declared constitutionally invalid by the courts,” said Laurie Arron, Director of Advocacy of Egale. “If Mr. Harper did re-open the issue and did manage to pass such legislation, we’d have to go through three levels of court before getting a Supreme Court decision striking down his legislation. It’s pointless to put Canada through that.”

“Mr. Harper’s pledge vindicates the 2/3 of Canadians that don’t want to re-open this divisive issue,” added Mr. Marchildon. “There’s no point to re-opening the issue when Mr. Harper has pledged not to do what it would take to reach his misguided goal of taking away our right to marry.”

A survey released November 29 by CBC and Environics found that two-thirds of Canadians say the issue of same-sex marriage is settled and should not be addressed again.

Egale Canada advances equality and justice for LGBT people, and their families, across Canada. Founded in 1986, Egale’s work includes political action, legal interventions and public education and awareness.

For more information:
Gilles Marchildon, 613 230-1043 (w), 613 864-1133 (c)
Laurie Arron, 416 839-7178

Egale Canada ©2011

Canada's LGBT human rights organization: advancing equality, diversity, education, and justice.