I have done a bit of googling and offer the following
links and
quotes to fill you in on events, information, and major players pertinent to this question right now in Canada. I myself found it very engaging reading and hope you will take the time to read more than one point of view.
The info is organized as follows and, due to length, is divided into two posts:
Overview
Charter of Rights and Freedoms
Ontario Court of Appeal Ruling
Supreme Court Ruling
Prime Minister Martin’s position
Cardinal Ambrozic: news report
Notwithstanding clause (the Cardinal’s silver bullet)
Cardinal Ambrozic’s letter to Martin
Catholic Civil Rights League: aspects of the question
Overview
Here is a link to a CBC news report on the Supreme Court decision. It gives a synopsis of the recent history of this question in Canada.
cbc.ca/story/canada/national/2004/12/09/scoc-gaymarriage041209.html
Charter of Rights and Freedoms
Here is a link to the Canadian Charter of Rights and Freedoms. (It’s short)
Section 15 deals with Equality Rights under which the claims for Same Sex Marriage fall.
Section 2 deals with Fundamental Rights including the freedom of conscience and religion.
laws.justice.gc.ca/en/charter/
Ontario Court of Appeal Ruling
Former Prime Minister referred the question to the Supreme Court of Canada after an Ontario Court of Appeal ruling on the question. I have not been able to locate the ruling yet (and have to go to work). But here is the link; you can find the ruling yourself if you are really keen. I do not think there is any pressing need to look at this ruling, however.
ontariocourts.on.ca/appeal.htm
Supreme Court Ruling
Before this question went to Parliament, the Supreme Court decided on all four questions referred to it by the Governor in Council pursuant to s.53 of the Supreme Court Act. These questions were as follows:
Governor in Council said:
1.Is the annexed *Proposal for an Act respecting certain aspects of legal capacity for marriage for civil purposes *within the exclusive legislative authority of the Parliament of Canada? If not, in what particular or particulars, and to what extent?
Code:
2.If the answer to question 1 is yes, is section 1 of the proposal, which extends capacity to marry to persons of the same sex, consistent with the *Canadian Charter of Rights and Freedoms*? If not, in what particular or particulars, and to what extent?
3. Does the freedom of religion guaranteed by paragraph 2(*a*) of the *Canadian Charter of Rights and Freedoms *protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?
4.Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Quebec in section 5 of the *Federal Law-Civil Law Harmonization Act, No. 1*, consistent with the *Canadian Charter of Rights and Freedoms*? If not, in what particular or particulars and to what extent?
Here is a link to the complete rulings and reasons of the Supreme Court in this case:
lexum.umontreal.ca/csc-scc/en/rec/html/2004scc079.wpd.html
Prime Minister Martin’s position
Here is The Address by Prime Minister Paul Martin on Bill C-38 (The Civil Marriage Act):
pm.gc.ca/eng/news.asp?id=421
Anyway let me dredge up my Charter and think about how it applies to this question. While Catholics certainly have some legitimate concerns about the new Bill, we must be careful to address what realistically applies by virtue of the Charter and what are fears and projections.
