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NWT awaits ruling on same-sex marriage

Alex Glancy
Northern News Services

Yellowknife (Oct 08/04) - Same-sex marriage is again making headlines across the country as the Supreme Court of Canada debates the legality of possible same-sex marriage legislation.

At the same time, the Government of the Northwest Territories stands poised to introduce a bill that, if passed, will update at least 25 existing statutes and give same-sex couples the same rights as common-law couples.

The Supreme Court is only studying the legality of possible legislation, so a new definition of marriage will likely only come from Parliament. If that happens, GNWT Justice Minister Charles Dent said the territorial government will fall in line.

"We have no intention to challenge federal law," said the minister.

"If they change the definition of marriage, we will comply with that."

Dent said that as far as he knows, the NWT does not have recourse to the "Notwithstanding Clause" in the Charter of Rights and Freedoms, which Alberta has threatened to use if the definition of marriage is altered.

Dent was not sure when the Supreme Court might release its decision, saying that "unless it's a slam-dunk, they don't generally issue their ruling at the end of the proceedings."

Consequently, a decision in the affirmative will not affect the NWT unless federal legislation is passed.

However, Dent said "the Supreme Court could in their decision make a ruling on the definition of marriage, and that would impact us immediately."

Territorial law could also be changed if a court ruled against it, as happened in the Yukon recently.

Ultimately, said Dent, "we don't have the authority to issue marriage licenses unless directed by the courts or federal law."

The minister was not sure when the GNWT's same-sex couples bill would be introduced for first and second reading, but said "it is certainly my intention to introduce it sometime in this session (of the Legislature)."