Bill C-266
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1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
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House of Commons of Canada
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BILL C-266 |
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An Act to amend the Marriage (Prohibited
Degrees) Act in order to protect the legal
definition of marriage by invoking
section 33 of the Canadian Charter of
Rights and Freedoms
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| Preamble
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Whereas marriage, as defined between one
man and one woman, has from time
immemorial been firmly grounded in our legal
tradition, one that is itself a reflection of long
standing community values;
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Whereas the preservation of marriage as an
institution is a matter of deep public concern
and interest to the Canadian public, for it is the
foundation of family and society;
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Whereas the solemnization of marriage
honours these principles;
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And Whereas the people of Canada wish to
provide and protect a legal definition of
marriage that will not be challenged in the
courts under the Canadian Charter of Rights
and Freedoms;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| 1990, c. 46
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Marriage (Prohibited Degrees) Act |
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1. The long title of the Marriage
(Prohibited Degrees) Act is replaced by the
following:
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An Act respecting and protecting marriage in
Canada
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2. Section 1 of the Act is replaced by the
following:
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| Short title
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1. This Act may be cited as the Canada
Marriage Act.
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3. The Act is amended by adding the
following after section 1:
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| Definition
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1.1 In this Act, ``marriage'' means a legal
union of one man and one woman as husband
and wife.
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4. The Act is amended by adding the
following after section 4:
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| Use in other
enactments
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4.1 Where the word ``marriage'' is used in
an enactment, it has the same meaning given
by section 1.1.
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| Express
declaration of
exception
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4.2 The definition of ``marriage'' in section
1.1 operates notwithstanding sections 2, 7 and
15 of the Canadian Charter of Rights and
Freedoms.
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