The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91 of the Constitution Act, 1867. However section 92 of the Constitution Act, 1867 gives the provincial legislatures 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. Prince Edward Island had the highest crude marriage rate and Quebec had the lowest. Marriage ceremonies in Canada can be either civil or religious. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace or clerks of the court, depending on the laws of each province and territory regulating marriage solemnization. In 2001, the majority of Canadian marriages were religious, with the remainder being performed by non-clergy. Same-sex marriage has been legal in Canada nationally since 2005. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories.
Marriage restrictions
Consanguinity
The federal Marriage Act prevents the following persons from getting married:
Consent of the spouses
Both parties must freely consent. Forcing somebody to get married is a criminal offence under s. 293.1 of the Criminal Code. In addition, s. 2.1 of the Civil Marriage Act stipulates, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other."
Age of the spouses
Since 2015, federal law has set the absolute minimum marriageable age at 16. Provinces and territories may set a minimum age higher than that. In Canada the age of majority is set by province/territory at 18 or 19, so minors under this age have additional restrictions. Section 293.2 of the Criminal Code also addresses marriages of individuals under the age of 16, reading: Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Section 2.2 of the Civil Marriage Act also states: No person who is under the age of 16 years may contract marriage. These provisions were enacted in 2015. Before 2015, it was possible for children less than 16 years old to get married in some jurisdictions of Canada, with parental consent or a court order.
Minimum age by province and territory
British Columbia: 19, or 16 with parental consent.
Alberta: 18, or 16 with consent of all parents and legal guardians.
Saskatchewan: 18, or 16 with a "Consent to Marriage of a Minor" form signed and completed by the parent or guardian in the presence of a Saskatchewan marriage licence issuer, clergy or any person authorized to take affidavits. "If the parent or guardian refuse to consent to the marriage, the minor can apply to a judge of either the provincial or Queen's Bench court for an order dispensing with their consent. The minor may obtain the judge's order by applying to a court house in Saskatchewan."
Manitoba: 18.
Ontario: 18, or 16 with written consent from both sets of parents.
Quebec: 18, or 16 with authorization from the courts.
New Brunswick: 18, or 16 with an affidavit of consent signed by parents or guardians.
Nova Scotia: 19, or 17 with a signed consent form.
Prince Edward Island: 18, or younger with a consent form signed by parent.
Newfoundland and Labrador: 19, or younger wherein "special consents may be required."
Yukon: 19, or younger with consent of parent or legal guardian.
Northwest Territories: 19, or younger with parental consent.
Nunavut: 19, or 16 with parental consent.
Divorce
Termination of marriage in Canada is covered by the federal Divorce Act. 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
one party has committed adultery
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"
Key headings of the Divorce Act:
Interpretation
Jurisdiction
Divorce
Child support orders
Spousal support orders
Priority
Custody orders
Variation, rescission or suspension of orders
Provisional orders
Appeals
General
Rates by year
Polygamy
In Canada, polygamy is a criminal offence, but prosecutions are rare. In March 2014, Winston Blackmore and James Oler were charged with polygamy; their prosecutions were the first such cases in Canada in over sixty-five years. In 2007, an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of laws against polygamy. The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case. On March 9, 2018, the Supreme Court of British Columbia upheld the constitutionality of Canada's anti-polygamy laws again, upholding the July 2017 polygamy convictions of Winston Blackmore and James Oler.
