Canadians for Equal Marriage

Release

Court Extends Equal Marriage to Saskatchewan – Increased Costs Awarded Against Both Province and Feds

November 5, 2004

Saskatoon, November 5, 2004. Today Madam Justice Donna Wilson of the Family Law Division of the Saskatchewan Court of Queen’s Bench ordered that the definition of marriage in Saskatchewan include same-sex couples. The order was not opposed by either the province of Saskatchewan or the federal government, but costs were awarded against both. The case was brought by five same-sex couples: Erin Scriven and Lisa Stumborg, Lenore Swystun and Kelley Moore, James Hein-Blackmore and William Hein-Blackmore, Nicole White and Julie Richards, and Martin Bonneville and Ted Atkins.

“The judge found that it is unconstitutional to exclude same-sex couples from civil marriage and changed the law to include them,” said Greg Walen of Saskatoon law firm Scharfstein Gibbings Walen & Fisher, who represents the couples. “The judge agreed with the Ontario Court of Appeal that ‘the dignity of persons in same-sex relationships is violated by the exclusion of same-sex couples from the institution of marriage.’”

“The judge agreed with the Yukon court that the province had a choice whether or not to issue marriage licences to same-sex couples, and it chose not to,” continued Mr. Walen. “As a result, costs were awarded on an increased scale against both the province and the federal government.” Regarding the federal government’s responsibility, the judge said:

“the federal Attorney General has made the choice to wait for further guidance from the Supreme Court of Canada rather than to take immediate action to protect the equality rights of same-sex couples. By not acting immediately, this Court application was necessary…”

“Marriage signifies societal recognition and affirmation of a relationship between two people who love each other and are committed to each other,” said Lenore Swystun, whose partner is Kelley Moore. ““Kelley and I had a commitment ceremony January 25, 2002, but for us, equal marriage is simply about acknowledging our basic human rights.”

“We are committed to one another and wish to be together for the rest of our lives,” said Lisa Stumborg, who had a covenanting ceremony with her partner Erin Scriven on October 9, 2004 at St. Thomas-Wesley United Church in Saskatoon. “Now we’ll have a civil ceremony to ‘legalize’ our marriage. We leave for our honeymoon on Sunday, and now we can be legally married before we leave! To me, the right to marry is important because we would like to have children and we see this as a way of solidifying our family.”

“It’s nothing revolutionary,” said Nicole White, who plans to marry her partner Julie Richards next summer. “I’ve found the person that I want to spend the rest of my life with.” Julie added: “My father was there when I proposed to Niki. He said it was one of the happiest moments of his life. He’ll be thrilled that now he can be there for our wedding.”

“What this means to me is peace of mind,” said James Hein-Blackmore, who married his husband William Hein-Blackmore in B.C. on July 6, 2004. “The day we were married was a great day of happiness as we professed our love to one another. But not having our marriage recognized here in Saskatchewan was a great burden. Now I know that no matter what happens in our lives or our health, I can rest assured that my husband will have all the legal rights to handle things the way we want them.”

“This decision shows that the Charter means something here in Saskatchewan,” said Larry Hubich, President of the Saskatchewan Federation of Labour. “We cannot allow discrimination to continue against one group of people without putting everyone’s rights at risk. Providing equal access to civil marriage not only respects equality rights, it also protects religious freedom, by allowing religious officials to choose for themselves whether or not to perform marriages for same-sex couples.”

“Civil marriage is a public institution and should be open to all people, regardless of their sexual orientation,” said Donna Smith of the Saskatchewan chapter of Canadians for Equal Marriage, an umbrella group working for passage of the federal government’s equal marriage legislation. “Equal marriage furthers Canadian values like inclusion, mutual respect and freedom from political or social prejudice. Equal marriage strengthens families. Our families need support just as much as opposite-sex families.”

“85% of Canada’s population now enjoys full marriage equality,” said Laurie Arron, Director of Advocacy of Egale Canada, the national group advancing equality and justice for lesbian, gay, bisexual and transgendered persons and their families. “Equal marriage diminishes no one. Canada is being strengthened by the inclusion of these loving, committed couples.”

“We look forward to the day when all Canadians have the equal right to marry, when Parliament finally passes legislation to make that a reality,” said Cicely McWilliam of Canadians for Equal Marriage. “Until then, we call on all the remaining provinces and territories to accept equal marriage and begin issuing marriage licences to same-sex couples.”

A survey released July 1 by the Centre for Research and Information on Canada and Environics found that the number of Canadians agreeing that gays and lesbians should be allowed to get married has increased. Currently, 57% agree, the highest level since CRIC first asked the question two years ago. The number disagreeing currently stands at 38%. (see New Canada survey at http://www.cric.ca/en_html/index.html)

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For more info:
Cicely McWilliam, Canadians for Equal Marriage, 416-928-1238, cicely@equal-marriage.ca
Laurie Arron, Egale Canada, 416-928-1238, laurie@egale.ca
Gilles Marchildon, Egale Canada, 613-230-1043, gilles@egale.ca

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