PHI 3395 Lecture Notes - Lecture 12: Equal Protection Clause, Pierre Trudeau, Premiership Of Stephen Harper
20 Oct 2016
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Same-sex marriage: broader issue: sexual orientation. Primary issue: sexual orientation: decriminalized by pierre elliot trudeau, government shouldn"t be in the bedrooms of their citizens, 1969 new law under liberal gov. Pre charter rights: 1995 egan v. canada. Scc notes that sexual orientation is not in charter s. 15. But it should be included based on analogy with other protected categories. From now onwards, s. 15 will include sexual orientation from the scc"s point of view: 1999 m. v. h. Scc requires that same-sex couples have pension & tax benefits of common-law couples: 2003 pm chretien/liberals. State intention to change law to allow same-sex marriage. Pose reference question to scc to assure authority/constitutionally: 2005 federal parliament (liberals, under pm martin) votes in favour of (158-133, 2006 (dec) federal parliament (conservative, under pm harper) votes to maintain (175-123) Harper government proposes restoring traditional notion of marriage was defeated.
