Halpern v. Canada (Attorney General)

"Halpern v. Canada", [2003] O.J. No. 2268 is a notable June 10, 2003 decision of the Ontario Court of Appeal where the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the "Canadian Charter of Rights and Freedoms".

The unanimous Court found that the exclusion of same-sex couples was a clear violation of the "Charter". In this respect the judgment followed much of what had been ruled elsewhere. Thus, the two same-sex marriages performed by Brent Hawkes on January 14, 2001 were legal on the day they were performed. [http://www.samesexmarriage.ca/legal/ontario_case/cer300604.htm]

Surprisingly, the Court also held that there was to be no suspension of the remedy as it applied to the general population and that the new definition allowing same-sex couples to marry would take effect immediately. Michael Leshner and Michael Stark, who were applicants in this case, became the first gay couple married after the decision. "The Globe and Mail", in choosing the "Nation Builders of the year," selected the judges involved in the case, namely Chief Justice Roy McMurtry, Eileen Gillese and James MacPherson. [Erin Anderssen, "Doing Canada justice," "The Globe and Mail", December 13, 2003, pg. F.5.]

ee also

*List of notable Canadian Courts of Appeal cases
*Same-sex marriage in Ontario
*Same-sex marriage in Canada

References

* [http://www.ontariocourts.on.ca/decisions/2003/june/halpernC39172.htm Text of the ruling]
* [http://www.egale.ca/index.asp?lang=E&menu=51&item=108 Summary of the decision from EGALE Canada]
* [http://www.egale.ca/index.asp?lang=&menu=22&item=469 Summary of earlier ruling appealed in "Halpern"]
* [http://www.samesexmarriage.ca/legal/ontario_case/cer300604.htm Picture of certificate of marriage] , with registration date immediately after ruling.