Homosexual Rights in Canada

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.

 

For more information regarding Trademark Lawyers, Real Estate Lawyers, Construction lawyers and Attorney please visit:  www.lawyerahead.ca