Marriage in Canada

The Canadian federal government has exclusive authority governing marriage and divorce in Canada under section 91(26) of the Constitution of Canada [1]. However section 92(12) of the Constitution gives the provinces the power to pass laws regulating the solemnization of marriage.

In 2001 there were 146,618 marriages in Canada, down 6.8% from 157,395 in 2000. [2] Prince Edward Island had the highest crude marriage rate (6.5 per 1,000 people) and Quebec had the lowest (3.0).

Marriages in Canada can be either civil or as religious. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace or clerks of the court.. In 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy.

Marriage restrictions

The federal Marriage (Prohibited Degrees) Act (S.C. 1990, c. 46) [3] prevents the following persons from getting married:

2. (1) Subject to subsection (2), persons related by consanguinity, affinity or adoption are not prohibited from marrying each other by reason only of their relationship.

(2) No person shall marry another person if they are related

(a) lineally by consanguinity or adoption;

(b) as brother and sister by consanguinity, whether by the whole blood or by the half-blood; or

(c) as brother and sister by adoption.

The provinces set additional rules governing who can get married.

• In Alberta, anyone 18 or over can get married. Minors can get married with the consent of both their parents. There is no requirement for residency. [4]
• In British Columbia, anyone 19 or over can get married. A person between the ages of 16 and 18 can get married with the consent of both their parents. Under the age of 16, a person needs the consent of the Supreme or County Court. There is no requirement for residency. [5]
• In Ontario, anyone 18 or over can get married. A person who is 16 or 17 can get married with the consent of both their parents. [6] In order to get married they will need either a marriage licence or for the banns to be published.
• In Quebec, anyone 18 or over can get married. A person who is 16 or 17 can get married with the consent of both their parents. [7] Marriage is governed by the Civil Code of Québec.

Same-sex marriage is legal in five provinces (British Columbia, Manitoba, Ontario, Quebec, and Nova Scotia) and one territory (Yukon). A federal bill to formally legalize same-sex marriage in Canada is pending; a draft of the bill was released on July 17, 2003, but it has not been tabled in parliament. The bill was referred to the Supreme Court of Canada to be vetted against the Canadian Charter of Rights and Freedoms.

Termination

Divorce in Canada is covered by the federal Divorce Act (RSC 1985 c. 3 (2nd Supp.)) [8].

A divorce may be granted for one of the following reasons:

• the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act)
• one party has committed adultery (s.8(2)(b)(i) of the Act)
• one party has treated the other party "with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses" (s.8(2)(b)(ii) of the Act)

See also

• Same-sex marriage in Canada