The biggest problem with same sex
marriages in Canada
is that most of the laws can’t handle the situations when there is a
partnership between two men or two women. It’s like being equal, but less equal
than others. But it is normal because the first same sex marriages were
legalized in Ontario in 2003 and Canada approved
this type of unions in 2005, so the legal side of same sex marriages is only
about six years old. Some states don’t even have an appropriate legislation
yet. Even the first same sex divorce occurred only in 2004. So basically in
case of any legal problems with same sex couples, the juries and attorneys
usually turn to the modern law, but in some cases the decisions might not be
very fair. Still many of the latest amendments were won in courtrooms by same
sex couples who were willing to fight for their rights. The second solution is that
a same sex couple can always sign an agreement concerning their union and
specify all the things related to divorce, for example, in this document. But
let’s not forget that the official Canadian law states that lesbians and
homosexual men in Canada
have the same rights and responsibilities as heterosexual Canadians in family
law, almost.
The main conflict in Same Sex
Spousal rights is between the Canadian Law and the Charter of Rights. For
example in married same sex couples the ground of adultery is available even if
the adulterer had an affair with someone of the same sex, still not one of the
laws regarding the trial side holds the definition of this problem for same sex
couples. Also in case of divorce problems like spousal and child support and
the division of family property can be very big, also because the law has no
same sex version of the parts regulating things like child support. In
different provinces there are different rules, but mostly a divorcing couple is
viewed and man and women. The same sex couples would ether need to choose or go
to court and take another fight for their equality under the Canadian Law.
In British Columbia
and Ontario
lesbian and gay couples who live together have the same rights and
responsibilities as heterosexual common law partners, including the right to
seek spousal maintenance or child maintenance when the relationship ends. Still
these rights were granted only after several trials. Similar laws in other
provinces don’t even exist. This creates another problem, if we look through
the demographics of the same sex marriages we will see that the most weddings
occur in Ontario and British Columbia, the provinces that were
the first to accept the same sex marriages. It means that the gay and lesbian
couples are moving to provinces where they are legally protected. That leaves
the other provinces without legal problems concerning the rights of same sex
couples and naturally without the evolution of the laws regulating these
problems. A good way out is to push the laws that exist in some provinces to a
national level, but that requires time and effort.
