Amendment To The Provincial Marriage Act
The position of Premier Ralph Klein and the Conservative government had been to attempt to block same-sex marriages in Alberta should a court case require it or federal legislation pass it nationwide.
On March 16, 2000, the provincial government passed Bill 202, which amended the provincial Marriage Act to include an opposite-sex-only definition of marriage. The bill also invoked the Canadian Charter of Rights and Freedoms' Notwithstanding Clause. This insulated the Marriage Act from any legal challenge based on violation of Charter rights, including the Section 15 equality guarantees. Under the terms of the Notwithstanding Clause, such a declaration is effective for only five years after it comes into force. For the Marriage Act, this period expired on March 23, 2005. Premier Klein sent mixed messages about whether it would be renewed; ultimately, it was not.
While the Act could not have been challenged under the Charter, the definition of marriage is outside the power of the provincial government, or ultra vires, and therefore invalid. The Constitution Act, 1867, is universally interpreted as giving provinces jurisdiction over only the solemnization of marriage, while all other aspects, including capacity to marry, are under federal jurisdiction. At the time Bill 202 was passed, Justice Minister David Hancock did not support it, saying, "In terms of legal effect, I'm convinced it doesn't have any." Hancock subsequently stated that he believes the act to be constitutionally valid and that Alberta will attempt to uphold it. Following the December 9, 2004 Supreme Court response to the federal reference of same-sex marriage, Hancock's successor, Ron Stevens, conceded that the Bill 202 amendments to the Marriage Act would likely be struck down as unconstitutional on account of its encroachment into what had by then been explicitly ruled a matter of federal jurisdiction.
During the 2004 provincial election campaign, Klein softened his stand somewhat, saying that he would accept same-sex marriage if Albertans told him they want it.
Read more about this topic: Same-sex Marriage In Alberta
Famous quotes containing the words amendment to the, amendment and/or provincial:
“... when we shall have our amendment to the Constitution of the United States, everyone will think it was always so, just exactly as many young people believe that all the privileges, all the freedom, all the enjoyments which woman now possesses were always hers. They have no idea of how every single inch of ground that she stands upon to-day has been gained by the hard work of some little handful of women of the past.”
—Susan B. Anthony (1820–1906)
“[Asserting] important First Amendment rights ... why should [executions] be the one area that is conducted behind closed doors?... Why shouldn’t executions be public?”
—Phil Donahue (b. 1935)
“The divinity in man is the true vestal fire of the temple which is never permitted to go out, but burns as steadily and with as pure a flame on the obscure provincial altar as in Numa’s temple at Rome.”
—Henry David Thoreau (1817–1862)