The forceful definitive language of the preamble of the Canadian Civil Marriages Act, which came into effect July 2005, provides for the consensual marriage of two persons to the exclusion of all others. This statute’s foundation is derived from the Canadian Charter of Rights and Freedoms guaranteeing
that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination (section15).
This legislation recognizes same sex marriage in Canada for Canadians and for
persons not domiciled in Canada who lack the legal right to marry in their home country.
The Civil Marriage Act provides guaranteed gender neutrality for all marriages occurring in Canada. However, another provision of the Charter of Rights and Freedoms also guarantees that every person has the right to freedom of expression and religion. A person acting in an official capacity ordained or registered to unite a couple in marriage is entitled to refuse such an obligation if do so would oblige that official to act contrary to personal or religious beliefs. This diversity of opinion and the freedom to publicly express such opinions is a fundamental tenant in Canadian society.
Same-sex couples are entitled to marry once they attain the age of 16 years and are unencumbered in an existing marriage. They have a right to claim spousal and child support, raise families, own and divide property and enter into custom domestic contracts recognized in family legislation.
While same-sex marriage has been legal in Canada since 2005, same sex couples still face challenges with legal issues arising when they cohabit, marry and upon separation. E very person is entitled to seek independent legal advice and retain legal counsel of choice.
Lorisa Stein is proud to work with same-sex couples in Ontario seeking legal advice and solutions to their complicated family issues. A senior family law lawyer, Lorisa calmly guides her professional and business clients with a firm hand to develop private out- of- court durable resolutions. She is comfortable to meet in her conveniently-located Downtown Toronto office or travel to another Ontario location.
Lorisa recognizes that for many same-sex partners and couples picking up the phone to schedule a consultation is often the hardest part. Lorisa brings dignity and cares that each of her clients knows that their rights are being protected and they understand every step towards a new future.
To schedule a consultation with a senior family law lawyer who has helped several same-sex couples implement sensible and effective solutions to their family issues, contact Lorisa Stein on her confidential line 416 596-8081, email at Lorisa@LorisaStein.com or using the contact page today.
150 York Street
Toronto, Ontario MSH 3S5
© 2018 Lorisa Stein, Family Law Lawyer.