The British Columbia Court of Appeal has lifted a moratorium on same-sex marriages, giving gay and lesbian couples in British Columbia the right to marry.
On July 8, 2003, the BC Appeal Court declared that the definition of marriage as "the lawful union of two persons to the exclusion of all others" takes effect immediately in the province. The court said that any further delay would result in an "unequal application of the law between Ontario and British Columbia."
In the case of Barbeau v. British Columbia, the BC Court of Appeal ruled in May 2003 that the definition of marriage as between "one man and one woman" violated the Canadian Charter of Rights and Freedoms. At that time the court gave the Canadian federal and BC provincial governments until July 12, 2004 to revise legislation to bring it into line with the decision.
In June 2003, the Court of Appeal of Ontario made a similar ruling but made the change in the definition of marriage immediate. Same-sex marriages are now taking place in Ontario.
The federal government said it would not appeal either the Ontario or British Columbia Court of Appeal decisions, and is drafting legislation to change the definition of marriage. The new federal legislation will be referred to the Supreme Court of Canada and then put to a free vote in the House of Commons.
