Fourth Reference Question: Definition of Marriage 


 

The Definition of Marriage and the Fourth Reference Question

The British Common Law definition of marriage is:
The union of one man and one woman to the exclusion of all others

As a result of the ruling of the Ontario Court of Appeal in 2003, the federal government made a referral to the Supreme Court of Canada asking three questions with regard to the definition of marriage.

The government subsequently added this fourth question:
Is the opposite-sex requirement for civil marriage purposes, as established by the common law and set out for Quebec in s. 5 of the Federal Law - Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent
All four questions will be dealt with in the Supreme Court in early October 2004.

 
Assembly of Catholic Bishops of Ontario