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Article Abstract  

Halpern et al v. Attorney General of Canada et al


  Author: COURT OF APPEAL FOR ONTARIO (MCMURTRY C.J.O., MACPHERSON and GILLESE JJ.A.)
Publisher: COURT OF APPEAL FOR ONTARIO
Publication:
Document Date:                  June 10, 2003
Category: Family Structure > Definition of Family
Related Categories:
Family Structure > Cohabitation/Common-Law Marriage
Family Structure > Marital Status
Family Structure > Parenthood Status
Marriage > Definition of Marriage
Marriage > Domestic Partnership/Civil union
Marriage > Homosexual Marriage
Marriage > Marriage
Marriage > Other Marital Forms
Public Policy > Family
Public Policy > Future of the Family
Public Policy > Marriage
 

This document states the judicial decision on whether the exclusion of same-sex couples from the traditional and common law definition of marriage breaches ss. 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms (“the Charter”) in a manner that is not justified in a free and democratic society under s. 1 of the Charter.   The ruling deals with Common law rights as well as Civil Union rights. 

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