Civil Marriage Act


The Civil Marriage Act was legislation legalizing same-sex marriage across Canada. At the time the bill became law, same-sex marriage had already been legalized by court decisions in all Canadian provinces except Alberta and Prince Edward Island, as well as in the territories of Nunavut and the Northwest Territories.
It was introduced as Bill C-38 in the first session of the 38th Parliament of Canada on February 1, 2005. It passed the House of Commons on June 28, 2005, and the Senate on July 19, 2005. The Act became law when it received Royal Assent on July 20, 2005.
As with all federal legislation in Canada, the Act is written in both French and English, with equal force. The French title is Loi sur le mariage civil, or in full, Loi concernant certaines conditions de fond du mariage civil.

The Act

This is the Act's official legislative summary:
The short title of the act is defined in Section 1. Sections 2 through 4 form the substance of the Act, and were the key points of contention during its debate in the House of Commons and the Senate. Section 3.1 was added with an amendment during the committee stage and was subsequently adopted by the House of Commons.
The remaining sections are "consequential amendments" that simply adjust the wording of existing acts to conform to this one.

Politics

As a government bill, C-38 represented the official position of Paul Martin's Liberal government and the cabinet were thus bound to vote in its favour, in keeping with Canada's form of government, which has been characterized as an "elected dictatorship." Liberal backbenchers and members of the Conservative Party and Bloc Québécois had a free vote. In accordance with its party policy on LGBT rights, the New Democratic Party whipped its members in favour. Bev Desjarlais defied the whip and was removed from her critic position. Conservatives tended to vote against the Act, while Bloquistes tended to vote in favour. At least two cabinet ministers stepped down to vote against the bill. Joe Comuzzi resigned just hours before the final vote on the Act, and Martin lamented his leaving. As expected, Comuzzi voted against the Act.
The composition of Parliament was such that the prevailing opinion among political commentators indicated the bill would likely pass the House. Although there was some challenge to it, this opinion was verified with a 158-133 vote at third reading in the House of Commons on June 28. The bill passed in the Senate on July 19, with a 47-21 vote, with three abstentions.

The legislative process

The bill was given its first reading on February 1, 2005, after its introduction by Justice minister Irwin Cotler. C-38 was written on the basis of a draft bill produced by then-Justice minister Martin Cauchon in 2003, which had been submitted to the Supreme Court of Canada in December 2004 as the reference question .
Due to the government's tenuous minority position, there was a strong possibility that the government could have fallen on a motion of confidence through the budget bills, causing the bill to die on the order paper. It would then have been up to a new post-election government to re-introduce the bill affirming same-sex marriage. However, the government survived the last of the budget votes on June 23, 2005, and successfully passed a motion to extend the current sitting of Parliament. In order to pass the motion extending the session, the Liberals provided a written promise to the Bloc Québécois that they would bring C-38 to a vote before the end of the current session.
Finally, on June 28, the Act was passed on third reading by the House of Commons; 158 voting in favour, 133 voting against. On July 19, it passed the Senate by a 47-21 vote with three abstentions and received royal assent on July 20.
A summary of the legislation's progress is given below.

Chronology

House of Commons