Equal marriage group supports NB court challenge -- ‘in sorrow’

(Ottawa, ON) Today’s move to file a Charter challenge to enable gay and lesbian couples in New Brunswick to marry is bittersweet for a national group that supports equal marriage. While Canadians for Equal Marriage (CEM) understands and supports the court challenge, it laments the fact that MPs – a clear majority of whom support equal marriage -- won’t be given the chance to decide the issue in Parliament.

Currently, there are three provinces (New Brunswick, PEI and Alberta) and two territories (Nunavut and Northwest Territories) that exclude same-sex couples from marrying. The New Brunswick application, filed with the Court of Queen’s Bench, commences a Charter challenge that seeks the right to civil marriage for gay and lesbian couples. The Notice of Application was filed today on behalf of four gay and lesbian New Brunswick couples.

Judges in the other seven provinces and one territory have ruled 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 is a last resort taken by gay and lesbian couples in New Brunswick who 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 don’t have that right in New Brunswick, even though they are Canadian citizens, taxpayers and contributing members of their community.”

Poised for a federal election, Members of Parliament have all but forgotten the equal marriage legislation, opting instead for incessant political posturing that has nearly ground Parliament to a halt. Coupled with the recent months of stalling tactics by the Leader of the Conservative Party, Stephen Harper, the bill has not yet reached second reading, casting doubt that the bill will be passed before an election call.

Ironically, Mr. Harper has long called for Parliament to decide this issue, yet has done everything in his power to stop that from happening.

“The courts are being asked to uphold the Constitution because Stephen Harper, despite saying he wants Parliament to decide this issue, is not giving our Parliamentarians the chance to do so,” said Munter. “This action is being taken more in sorrow than in anger. Sorrow because the clear will of the majority of Members of Parliament is being thwarted. The political process has been hijacked by those who put Parliamentary games ahead of human rights.”


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.

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For more information:
Marie-Josée Lapointe
(613) 244-5777 (G-4 Strategic Communications)
(613) 794-4620 (mobile)