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Supreme Court Deconstructs Canadian Society
The Supreme Court of Canada, in its infamous decision,
handed down in the M and H case in May, 1999, required that
the provinces provide benefits to same-sex couples as equal to those
provided to common-law heterosexual couples. This decision was based,
not on law, but on the judges' own personal philosophical and ideological
beliefs. Bluntly stated, the judges of the Supreme Court of Canada
pulled the right for homosexual partners to receive equal benefits
out of the air by deliberately misrepresenting and misinterpreting
the Ontario Family Law Act on which this case was based. (See Reality
May/June, 1999, p. 1, "M and H: A Tale of Judicial Prejudice")
Despite the lack of legal objectivity in that decision,
the provinces were obliged, under our justice system, to obey the
Supreme Court's dictum. Consequently, the ten Canadian provinces
are now struggling to restructure Canadian society by amending their
legislation in order to comply with the judges' arbitrary decree
to provide legal and social recognition to the sexual practices
of homosexuals, unhealthy and unwise as these practices may be.
Ontario
The province of Ontario, where the M and H
decision arose, was the first to do so. Premier Mike Harris sold
out the social conservatives in that province by giving M and
H the widest possible application. He amended 67 provincial
statutes in return for peace, silence and cooperation from homosexual
activists during the June 1999 provincial election campaign. (See
Reality, June/July, 2000, p. 19, "Ontario Premier Mike
Harris Dancing with Homosexual Activists.") Mr. Harris undemocratically
pushed through Bill 5 in November 1999, giving homosexual partners
a wide array of benefits.
The Bill, however, was only made public on the afternoon
of its second and third reading in the legislature, and was passed
in less than two hours. (No public input was permitted and no committee
hearings were held on the controversial Bill.)
The fall-out for Mr. Harris over Bill 5, however,
is that he has lost every by-election since that time. Not that
social conservatives in Ontario have any use for the opposition
Liberal leader, Dalton McGinty, who is on record as supporting the
homosexual agenda in its entirety. The fact is, however, that social
conservatives in Ontario have been totally betrayed by Mr. Harris'
Bill 5 and, as a result, they are now sitting on their hands politically.
Certainly they will not work or vote for Mr. Harris or his party
at the next election, unless Mr. Harris dramatically changes direction
and opens himself and his party to the concerns of the social conservatives
before then. Consequently, Liberal leader Mr. McGinty will win the
next Ontario provincial election by default.
BC's notorious NDP government, thankfully swept
away in the May 2001 provincial election, beat the Supreme Court
of Canada to the punch by providing benefits to same-sex partners,
including full adoption rights to homosexuals, prior to the M
and H decision. Whether the new Liberal government in BC will
amend this legislation remains a matter of speculation.
Manitoba and Saskatchewan
Manitoba and Saskatchewan brought forward their
required legislation on same-sex benefits in June. Saskatchewan
amended 26 laws and Manitoba amended 10. Both deal with issues such
as "spousal" support and death and pension benefits. Saskatchewan's
NDP/Liberal coalition allows same-sex couples to adopt the children
of their partners. The Manitoba legislation does not go that far;
however, it plans to set up a committee to study the issue of homosexual
adoption and will pass legislation next year based on its recommendations.
The Saskatchewan amendments were opposed by 17 members
of the opposition Saskatchewan Party, including its leader Elwin
Hermanson. Five members of that party supported the amendments.
(The opposition Saskatchewan Party was formed in 1997 and consists
of former Conservative, Liberal and Reform supporters.)
Nova Scotia decided to go all out on same-sex benefits
and under Bill 75, permitted the registration of same-sex unions
in "domestic partnerships" with the provincial Department
of Vital Statistics. That is, under the Nova Scotia legislation,
there are now three classifications of relationships: 1. common
law, 2. married couples, and 3. registered domestic partnerships.
Those registered under the latter classification, in addition to
pension, insurance and income tax benefits, are extended additional
entitlements, including spousal support and the right to see their
partner's medical records and make medical decisions in an emergency.
Heterosexual common-law couples may also register under the Domestic
Partnership legislation. Although Nova Scotia does not permit same-sex
partners to adopt children, a recent decision of the Nova Scotia
Supreme Court struck down the law restricting adoption to opposite-sex
couples as unconstitutional.
New Brunswick's 35-year old Premier, Bernard Lord,
may be the youngest Premier in Canada, but he appears to be smarter
and more strong-minded than all the rest of the premiers put together.
In fact, Mr. Lord leads the way on most issues and
maintains an independent mind, especially on controversial social
issues such as abortion and same-sex benefits. For example, Mr.
Lord has steadfastly refused provincial funding for abortion doctors
operating in private abortion clinics in his province, notwithstanding
Health Minister Rock's heavy pressure on him to do so.
Similarly, New Brunswick has taken an intelligent
and reasonable approach to complying with M and H. In June,
New Brunswick Justice Minister Brad Green announced an amendment
to the Family Services Act only, which does not mention the word
"same-sex couples" but states that any two individuals
who live in a "family relationship" are entitled to be
treated in the same way as married couples in regard to alimony
and division of property. Although a so-called "family relationship"
could include a same-sex couple, it also extends to other areas,
such as a brother and sister or mother and son, etc., living together.
In short, sexual acts are not a component in receiving
benefits in New Brunswick. Rather, economic dependency and family
relationships serve as the basis for receiving such benefits. This
New Brunswick amendment eliminates the bizarre requirement of the
"no sex, no benefits," situation present in the other
provinces. It also recognizes the equality and significance of all
family relationships. The amendment to this one New Brunswick statute,
The Family Services Act, rather than massive amendments to dozens
of statutes carried out by the other provinces, is in complete compliance
with M and H.
No wonder, Mr. Lord was the only provincial premier
asked to attend the exclusive international Bilderberg Group this
year. This latter organization is an international conference that
brings together 100 influential and powerful people from around
the world once a year to discuss the world's problems. Apparently,
Mr. Lord's intellectual and independent mind has been recognized
internationally.
The homosexual community in New Brunswick, however,
was incensed by Mr. Lord's decision. An agitated CBC radio journalist
(who else?) in New Brunswick called REAL Women about this amendment
which, to him, was utterly objectionable. REAL Women, however, responded
to his inquiry stating that in view of the reality of the M and
H decision, we can only applaud the New Brunswick government
for its sensible, inclusive and progressive decision to provide
equality to all family relationships. We only wish that this moderate
approach had been applied in the other provinces.
PEI and Alberta are the only provinces that have
not yet complied with the M and H decree. Alberta, however,
has already capitulated on the issue of homosexual/lesbian adoption,
when it amended in its legislation in May 1999 to allow "step
parents" to adopt. Two Calgary lesbians, one of whom has given
birth to two sons by way of artificial insemination, legally challenged
the word "step-parents" to include their relationship.
When the case was heard in the Alberta Court of Queen's Bench in
1999, the Alberta government declined to argue against it and the
lesbians won without opposition.
It is worth noting, however, that in that case,
REAL Women's Alberta affiliate, Alberta Federation of Women United
for Families (AFWUF) had applied to the court to intervene in the
case as amicus curiae (Friend of the Court) in order to introduce
a defence against the lesbian's application. However, AFWUF's intervention
was denied by the court, and AFWUF was forced to contribute to the
legal costs of the lesbian couple in the amount of $3,500 as a result
of their attempt to provide some balance in the case.
Trail Blazing Vermont Changes Policy
In regard to same-sex benefits and other such "rights,"
it should be noted that it is significant that the State of Vermont,
which was the first North American jurisdiction to register same-sex
partnerships two years ago, has now attempted to amend its legislation
by replacing the term "civil unions" to "reciprocal
partnerships," thus allowing other cohabitating individuals
in dependent relationships, such as two brothers or an aunt
and nephew to receive these benefits as well.
This is the only reasonable approach to the issue.
Why should benefits be dependent on our sexual activities?
Please write to all the provincial premiers (but
especially those of Alberta and PEI) requesting that benefits be
based on dependent family relationships, not sexual activity!
The names and addresses of the provincial premiers
are as follows:
The Honourable Ralph Klein
Premier's Office
Legislative Building, Room 307
Edmonton AB T5K 2B6
Tel: 780-427-2251
Fax: 780-427-1349
The Honourable Gordon Campbell
Premier's Office
Room 156, West Annex
Parliament Building
Victoria BC V8V 1X4
Tel: 250-387-1715
Fax: 250-387-0087
The Honourable Gary Doer
Premier's Office
204 Legislative Building
Winnipeg MB R3C 0V8
Tel: 204-945-3714
Fax: 204-949-1484
The Honourable Bernard Lord
Premier's Office
Centennial Building
670 King Street
P.O. Box 6000
Fredericton NB E3B 5H1
Tel: 506-453-2144
Fax: 506-453-7407
Honourable Roger Grimes
Premier's Office
Confederation Building, 8th Floor
P.O. Box 8700
St. Johns NF A1B 4J6
Tel: 709-729-3570
Fax: 709-729-5875
Government Leader
The Honourable James Antoine
Executive Council
P.O. Box 1320
Yellowknife NT X1A 2L9
Tel: 867-669-2311
Fax: 867-873-0169
The Honourable John Hamm
Premier's Office
1 Government Place, 7th Floor
1700 Grenville Street
Halifax NS B3J 2T3
Tel: 902-424-6600
Fax: 902-424-7648
The Honourable Paul Okalik
Legislative Assembly
Bag 800
Iqaluit NU X0A 0H0
Tel: 867-979-5822
Fax: 867-979-5833
The Honourable Patrick Binns
Premier's Office
Shaw Building, P.O. Box 2000
Charlottetown PE C1A 7N8
Tel: 902-368-4400
Fax: 902-368-4416
Premier Ministre Bernard Landry
Gouvernement du Québec
Conseil Exécutif
885, rue Grande Allée Est, 3e étage
Québec QC G1A 1A2
Tel: 418-643-5321
Fax: 418-643-3924
The Honourable Lorne Calvert
Premier's Office
Legislative Building
2405 Legislative Drive, Rm 226
Regina SK S4S 0B3
Tel: 306-787-9433
Fax: 306-787-0885
The Honourable Pat Duncan
Premier's Office
P.O. Box 2703
Whitehorse YK Y1A 2C6
Tel: 867-667-8415
Fax: 867-667-8424
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