ISSUE 100
www.gaycalgary.com
In 1999, the Supreme Court of Canada ruled that it was unfair that a Toronto lesbian had no rights to sue a former partner for support. The following year, Ottawa passed Bill C-23, which ruled that same-sex couples were entitled to the same federally legislated benefits, obligations and status as heterosexual common-law couples. Under that law, there was no sharing of property when a common-law relationship ended, with the exception of jointly-owned property. The same rules do not apply, however, to divorcing couples. In the instance a marriage ends, there are certain settlements and property divisions that need to be dealt with legally. Following the Mesbur ruling, the federal Justice Department conceded that excluding lesbians and gay men from the Divorce Act was unconstitutional.
This all seems relatively clear, as legalities go, but it applies only to residents of Canada. Those coming into Canada to be married from jurisdictions and countries that did not recognize same-sex marriage and many instances still don't seemed to have slipped through the cracks.
It is ridiculous to now tell them, 'oh, well, since your country doesn't recognize same-sex marriage, you aren't actually married.' Did the thousands who came to Canada to be married only experience some phoney but oh-so-romantic rite? That's not what they were told then. They were told if you marry in Canada, the marriage is valid and recognized as such in Canada and by other countries that recognize same- sex marriage, even if one's own country doesn't recognize the validity of the marriage. Does that lack of recognition render the marriage any less valid? The answer back then was no, it is a legal and valid marriage. Now they are being told it isn't and never was. That cannot be allowed to stand.
If residency stipulations were waived or not required in order to be married in Canada, then residency stipulations for divorce should mirror that. As it stands now, one has to be a resident in Canada for a year in order to divorce in Canada. Of course, safe guards need to be in place to ensure divorce is not being taken lightly or entered into trivially. But so, too, should marriage have such safe guards in place. Perhaps some, back in those heady days of early legalization, did in fact get married and didn't think it through or consider just what it was they were getting into, legally. Legal rights and responsibilities cut both ways, as they should. Just as the state has responsibilities towards the individual in such matters, so too does the individual have responsibilities and amongst those, one would assume, is the understanding 'getting married' is not like going out to buy a flat screen TV. However, couples married in Canada essentially entered into a contractual agreement with us. We have an obligation to them to ensure that contract is honoured in all its nuances, including the right to divorce. If, in fact, nonresidents cannot obtain a divorce in the same country in which they married in good faith, then we need to fix that. Now. To leave people in some legal limbo is, quite clearly, just not right.
This is not about 'revisiting' the equal marriage debate. We've had that and equal marriage is law. This is about fixing what went wrong. This is about setting things right. This is about fairness.
http://www.gaycalgary.com/a2713
View Bonus Pics/Videos ⚫ Share with a Friend ⚫ Post Comments
Posting a Classified has never been easier!
GayCalgary Magazine's online Classified Ad submission form lets you preview, post, and pay for your ad, all in one place!
FIND OUT MORE Www.gaycalgary.com/classifieds the SHARP foundation
Dear Rob and Steve, On behalf of The SHARP Foundation, I wish to congratulate you on your 100th edition of GayCalgary and Edmonton Magazine.
Your support and commitment of SHARP through sponsorship (promoting, attending and photographing events), and even your personal fundraising efforts (Rob makes a great living Christmas tree...) are truly appreciated. Your enthusiasm around A Taste for Life has helped to build this into a marquee event in Calgary.
I remember providing you a tour of Beswick House to show you the facility, but also discuss the impact our work was having on a highly vulnerable and stigmatized part of our community- people living with HIV. That is a tour that continues to be reflected in your business and personal support of The SHARP Foundation and the connections you have provide within the GBLT community that are so important to our work.
Again, on behalf of SHARP's Board, Staff, and most importantly the Clients we serve, I wish to congratulate you on your 100 edition, and thank you for your ongoing support of our organization.
The SHARP Foundation hope | dignity | compassion
The SHARP Foundation Box 172, 2, 2012-17th Avenue SE, Calgary, Albert T2A OPP www.SHARPfoundation.com Phone: 402.272.2912 402.272.9792 Charitable Registration
On behalf of Team Edmonton we would like to congratulate you and your contributors on the 100" issue of Gay Calgary and Edmonton Magazine.
Your publication has played a vital role in providing information about GLBTQ sports and recreation opportunities in Alberta and supporting our mandate. Since our inception in 2006 you have worked collaboratively with us and our affiliated activities to provide accurate information and coverage to the community and partners across the province.
We wish you success on your next 100 issues and look forward to seeing your website, social media and print publications continue to expand and develop.