The federal government will consider changing the law to ensure non-residents married in Canada can obtain divorces, Justice Minister Rob Nicholson said Thursday afternoon. Wading into a controversy that has quickly blown into an international cause célèbre, Mr. Nicholson made assurances the government “has no intention of reopening the debate on the definition of marriage.” [snip] Mr. Nicholson's statement gave immediate hope to married same-sex couples who are seeking a divorce but appeared to have no prospect of obtaining a one in Canada. However, it left one central question unanswered: Does the government consider their marriages to be legal, or not?
GLAD, the ACLU and several others released a joint statement which I think sums up all of this hooplah....
No one’s marriage has been invalidated or is likely to be invalidated. The position taken by one government lawyer in a divorce is not itself precedential. No court has accepted this view and there is no reason to believe that either Canada’s courts or its Parliament would agree with this position, which no one has asserted before during the eight years that same-sex couples have had the freedom to marry in Canada. [snip] The message for same-sex couples married in Canada remains the same as it is for same-sex couples validly married here in the United States: take every precaution you can to protect your relationship with legal documents such as powers of attorney and adoptions, as you may travel to jurisdictions that don't respect your legal relationship. There is no reason to suggest that Canadian marriages of same-sex couples are in jeopardy, or to advocate that people try to marry again elsewhere, as that could cause these couples unnecessary complications, anxiety, and expense.
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