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Victoria, B.C.
B.C. Supreme Court rules courts, Parliament can’t change definition of marriage


The British Columbia Supreme Court ruled October 3 that the traditional definition of marriage as supported by Canada’s Constitution cannot be changed by the courts or by Parliament. A change to the definition of marriage, which holds that it is a union between one man and one woman, would require an amendment to the Constitution.

Justice Ian Pitfield acknowledged that the heterosexual definition of marriage discriminates against gay and lesbian couples. However, he notes that this discrimination is reasonable and justified because the provisions of the Charter of Rights and Freedoms come second to the main purpose of marriage, which is to provide a structure within which to raise children.

Gary Walsh, president of the Evangelical Fellowship of Canada EFC, said that with this ruling, the Court “courageously affirmed marriage despite intense pressure to redefine it . . . This is a very positive decision for Canadian society.”

The EFC is a member of the Interfaith Coalition, an intervener in the case.

Justice Pitfield dismissed other arguments, ruling that, for same-sex couples, the freedoms of expression or association, as well as mobility rights and rights of liberty and security, are not infringed by the ban on marriage.

Janet Epp Buckingham, general legal counsel for the EFC, said, “(Pitfield) has, in effect, placed a legal hedge around the institution of marriage.”

Eight couples took the federal and B.C. governments to court in July, arguing that a federal ban is unconstitutional because it breaches equality guarantees. Two other challenges, one each in Ontario and Quebec, are to be heard in November.

Responsibility for marriage is divided between the federal government and provincial governments. The federal government determines the definition of marriage while provinces issue marriage licences and determine the requirements of marriage ceremonies.

 – adapted from an EFC news release, with files from ChristianWeek and National Post

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Last modified November 30, 2001.

© 2001 Mennonite Brethren Herald.
Published by the Canadian Conference of MB Churches.
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