
By HEATHER SCOFFIELD
Thursday, August 8, 2002
Page A7
OTTAWA -- The federal government has decided to hand over the controversial question of whether to recognize gay marriages to a parliamentary committee, prompting critics to accuse Ottawa of needlessly delaying a crucial decision.
After a cabinet meeting to discuss a recent Ontario court ruling that said banning same-sex marriages is discriminatory, Justice Minister Martin Cauchon said the controversy will be handed over to a Commons committee that will listen to people's views across Canada.
The Department of Justice will outline four or five realistic options to guide the parliamentary committee. The options paper should be ready by September, he said.
At the same time, the government will proceed with its plan to appeal the Ontario Superior Court decision, Mr. Cauchon said. That's because the appeal gives Ottawa more time to consider the options and because the federal government disputes the Ontario ruling.
"Of course we believe that the court wasn't right in law. So there's an enormous legal argument involved," he said, refusing to comment on the legalities of the government's argument.
"To proceed with that type of motion keeps all the options open for the government. So I do believe it's a question in law, but it's [also] a very important question of social issue -- important for our Canadian society as a whole. Society is in constant evolution, and I do believe that when we're talking about a question of social issue, government and Parliament have to take leadership."
Mr. Cauchon acknowledged that his own government is divided over how to resolve the same-sex-marriage issue, but called it a healthy sign of debate.
Last month, the Ontario court ruled that the legal definition of marriage as a union between a man and a woman is discriminatory. The court gave Ottawa two years to pass legislation that would recognize same-sex marriages.
Faced with opposition to the decision from the Liberal caucus, the federal cabinet decided to appeal it, effectively stalling the amount of time the government would have to pass legislation if needed.
Prime Minister Jean Chrétien said yesterday he would not express an opinion on how to proceed until the committee had thoroughly sounded out the public. But three cabinet ministers -- Industry Minister Allan Rock, Foreign Affairs Minister Bill Graham and Heritage Minister Sheila Copps -- have all said they support the court recognition of same-sex marriages.
Michael Leshner, a gay activist who was party to the Ontario case, said Ottawa's response yesterday was "pathetic."
"Basically, there's absolutely zero leadership on human rights by the Prime Minister or the Minister of Justice and so-called human-rights supporters in cabinet like Bill Graham and Allan Rock," Mr. Leshner said. "The parliamentary committee is a political vehicle for the Liberal government to delay, delay, delay."
He said Ottawa should have reconvened Parliament immediately for an emergency debate, and then passed legislation that changes the traditional definition of marriage as a union between a man and a woman.
In an interview yesterday, however, Mr. Rock said he would continue to fight for recognition of same-sex marriages. He said he understands that Mr. Cauchon had to clarify the decision by appealing it, and that the government needs to consult before passing legislation.
|