Kara Sears
Canada has come a long way in recognizing the rights of LGBTI individuals, including same-sex couples. In 1969, same-sex sexual activities between consenting adults were decriminalized, and in 1977, Quebec became the first jurisdiction to amend its charter of human rights to include sexual orientation as a prohibited ground for discrimination. In 2005, the federal Civil Marriage Act came into force, making same-sex marriage legal across Canada, and same-sex couples gained the same social and tax benefits as heterosexual couples in common-law relationships. This marked a significant shift in Canadian attitudes and legal recognition of same-sex relationships, with most provinces and territories now including sexual orientation in their human rights legislation.
| Characteristics | Values |
|---|---|
| Same-sex marriage recognised in Canada | Yes, since 20 July 2005 |
| Same-sex marriage recognised in all provinces | Yes, since 2005 |
| Common-law same-sex partnerships recognised | Yes, since 2000 |
| Immigration rights for same-sex partners | Yes, since 2000 |
| Social and tax benefits for same-sex partners | Yes, since 2000 |
| Religious officials compelled to perform same-sex marriages | No, under the Charter of Rights and Freedoms |
| Public support for same-sex marriage in 2017 | 74% |
| Public support for same-sex marriage in 2019 | 64% |
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What You'll Learn
Same-sex marriage legalisation in Canada
Same-sex marriage has been legally recognised across Canada since the enactment of the Civil Marriage Act on 20 July 2005. The Act was introduced to the House of Commons on 1 February 2005 and passed on 28 June, receiving royal assent on 20 July. The Act marked a milestone in sexual orientation equality rights, allowing same-sex couples to marry anywhere in Canada.
The road to legalisation began in 1969, when the Canadian government decriminalised private sexual acts between two consenting adults over the age of 21. In 1977, Quebec became the first jurisdiction in Canada to amend its provincial charter of human rights to include sexual orientation as a prohibited ground for discrimination. In 1996, the Canadian Human Rights Act was amended to specifically include sexual orientation as a prohibited ground of discrimination.
In 1999, the Supreme Court of Canada ruled in M v H that same-sex couples in Canada were entitled to receive many of the financial and legal benefits commonly associated with marriage. The same year, Parliament passed Bill C-23, which gave same-sex couples the same social and tax benefits as heterosexuals in common-law relationships. Between 2001 and 2004, legislative changes in Manitoba extended the benefits of common-law relationships to same-sex couples. In 2003, Alberta passed a law recognising adult interdependent relationships, providing financial benefits to interdependent adults, including blood relations.
In 2003, the issue of same-sex marriage resurfaced, and the House of Commons Standing Committee on Justice and Human Rights undertook a formal study, including a cross-country series of public hearings. On 17 June 2003, Prime Minister Chrétien announced that the government would introduce legislation to recognise same-sex marriage while protecting the rights of religious groups to decide which marriages they would solemnise. On 10 June 2003, the Court of Appeal for Ontario issued a decision immediately legalising same-sex marriage in Ontario, becoming the first province to do so.
By 2005, same-sex marriage had been introduced in eight out of ten provinces and one of three territories, whose residents collectively made up about 90% of Canada's population. More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was passed. The Act's enactment made Canada the fourth country in the world and the first outside Europe to legally recognise same-sex marriage nationwide.
Today, Canadian cohabiting same-sex couples are entitled to many of the same legal and financial benefits as married opposite-sex couples. Same-sex couples can also sponsor their common-law or civil union partners for family-class immigration, provided they meet certain requirements, including proof of legitimacy and cohabitation for at least one year.
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Common-law recognition for same-sex couples
Canada has come a long way in its recognition of same-sex relationships, both in terms of public opinion and legislation. In 1969, same-sex sexual activities between consenting adults were decriminalised, marking a significant step towards equality. In 1977, Quebec became the first jurisdiction in Canada to amend its provincial charter of human rights to include sexual orientation as a prohibited ground for discrimination. This set a precedent for other provinces to follow.
In 1995, the House of Commons voted against a motion calling for the legal recognition of same-sex relationships, demonstrating that support for such recognition was initially lacking. However, public opinion shifted dramatically between 1997 and 2004, with a majority of Canadians expressing support for legalising same-sex marriage by 2004. This shift in attitude was reflected in court rulings and legislative changes that extended equal rights to same-sex couples.
In 1999, the Supreme Court of Canada ruled that same-sex partners must be granted the same rights and benefits as common-law relationships. This ruling was a pivotal moment, ensuring that cohabiting same-sex couples could access similar legal and financial benefits as married opposite-sex couples.
In 2000, Parliament passed Bill C-23, which gave same-sex couples the same social and tax benefits as heterosexuals in common-law relationships. This amendment to the law was a significant milestone, providing further evidence of Canada's commitment to equality for LGBTI individuals and couples.
The Civil Marriage Act, enacted in 2005, was a watershed moment, legalising same-sex marriage across Canada. This Act ensured that same-sex couples could marry anywhere in the country and access the same rights and benefits as heterosexual married couples.
In terms of immigration, Canada recognises same-sex marriages and common-law partnerships as valid grounds for immigration benefits, including permanent residency by family sponsorship. Same-sex couples, whether married or in a common-law relationship, are entitled to the same immigration rights as opposite-sex couples.
While Canada has made significant progress in recognising same-sex common-law relationships, it is important to note that some provinces were initially resistant to change. However, with the Civil Marriage Act, all provinces in Canada are now required to recognise and perform same-sex marriages, demonstrating a unified approach to equality nationwide.
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LGBTIQ rights in Canada
Canada is widely regarded as one of the most progressive countries in the world when it comes to LGBTIQ rights. Indeed, Canada was referred to as the most gay-friendly country in the world in 2023, ranking first in Asher & Lyric's LGBTQ+ Danger Index.
In 1969, Canada decriminalised same-sex sexual activity between consenting adults, marking a breakthrough in treating gay men, lesbians, and bisexuals equally under the law. In 1977, Quebec became the first jurisdiction in Canada to amend its provincial charter of human rights to include sexual orientation as a prohibited ground for discrimination. In 1995, in Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 1996, the Canadian Human Rights Act was amended to specifically include sexual orientation as a prohibited ground for discrimination. In 1999, the Supreme Court of Canada declared that same-sex partners must be extended the rights and benefits of common-law relationships.
In 2005, Canada became the fourth country in the world and the first in the Americas to legalise same-sex marriage. The enactment of the Civil Marriage Act marked a milestone in sexual orientation equality rights, allowing same-sex couples to be married anywhere in Canada. The same year, the country amended 68 laws to extend equal rights to same-sex couples.
Canada also stands up for the protection and promotion of the human rights of LGBTIQ people globally. The country funds LGBTIQ rights initiatives all over the world, including in Ukraine, Costa Rica, and Mauritius. Canada also supports the human rights of LGBTIQ persons on the international stage. For example, in 2022, Canada became the third country in the world and the first in North America to ban conversion therapy nationwide, making it a crime to subject anyone to it.
Canada has also made significant progress in other areas of LGBTIQ rights, including gay adoption, serving in the military, anti-discrimination, transgender rights, outlawing of conversion therapies, and blood donations. Most provinces and territories have included sexual orientation in their human rights legislation as a prohibited ground of discrimination. Canadian immigration is not limited to opposite-sex partners or traditional marriages, and same-sex common-law partners have full rights to immigrate to Canada. Same-sex couples are entitled to the same legal and financial benefits as married opposite-sex couples, including pension, inheritance, and tax benefits.
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Immigration rights for same-sex couples
Canada has been recognised internationally as one of the most socially progressive countries in the world. In 2005, Canada legalised same-sex marriage across the country, although most of Canada's provinces had already recognised same-sex marriages since 2003. The Canadian Immigration department (Citizenship and Immigration Canada) also recognised the sponsorship and immigration of same-sex spouses, common-law partners, and even "conjugal partners".
Canadian immigration is not limited to opposite-sex partners or traditional marriages. Same-sex and common-law partners have full rights to immigrate to Canada. Same-sex spouses who have legally married in Canada or any other jurisdiction that recognises same-sex marriage are eligible for spousal sponsorship to Canada.
Same-sex couples residing in another country who are in a common-law relationship or a marriage can apply for Permanent Residence Status in Canada as a couple if they are eligible. Canadian citizens and permanent residents can sponsor their same-sex partners to come to Canada within 6 to 12 months. This is part of the Spousal Sponsorship to Canada.
Partners can accompany a foreign student or foreign worker to Canada for the duration of the student or worker's stay. Such partners can usually obtain open work permits for the duration of the stay.
Most legal rights have been extended to same-sex partners, including pension, tax benefits, and inheritance. Canada is a tolerant society that grants improved civil rights to same-sex couples.
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Religious exemptions to performing ceremonies
Same-sex marriage has been legal in Canada since 2005, when the federal Civil Marriage Act came into force. This Act stipulates that marriage is the lawful union of two persons to the exclusion of all others. However, the Act also guarantees freedom of conscience and religion, including the freedom of officials of religious groups to refuse to perform marriages that are not in accordance with their religious beliefs.
The Supreme Court of Canada has affirmed that the Charter's protection of freedom of religion grants religious institutions the right to refuse to perform marriage ceremonies for same-sex couples. This means that a religious official cannot be legally compelled to solemnize a same-sex marriage if it is contrary to their religious beliefs. This exemption applies to both the refusal to perform the marriage ceremony itself and the refusal to make available a sacred place for such a ceremony or related events.
The Ontario Human Rights Commission recognizes an exception to the rule that services and facilities must be offered without discrimination. This exception allows religious officials to refuse to perform same-sex marriages without violating the Code, as requiring them to do so may violate their right to freedom of religion as protected by the Charter of Rights and Freedoms.
While religious exemptions to performing ceremonies exist, it is important to note that governments have a duty to provide access to civil marriage for same-sex couples who wish to marry. Additionally, public officials who are licensed to perform marriage ceremonies cannot refuse to perform this service for same-sex couples based on their sexual orientation.
Canada's LGBTQ rights are some of the most extensive in the world, with same-sex sexual activity between consenting adults decriminalized as early as 1969. The Supreme Court of Canada has also held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms.
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Frequently asked questions
Yes, Canada recognizes same-sex common-law partnerships as a valid basis for immigration benefits, including permanent residency by family sponsorship.
Yes, same-sex marriages are valid for Canadian immigration purposes if the marriage was legal in the country where it was held, even if it is not recognized in the couple's country of citizenship.
Yes, since 2005 same-sex marriages have been recognized across Canada.
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