REAL Women demands Referendum on SSM

M E D I A R E L E A S E

December 7, 2006

The NDP and Bloc Quebecois parties have excluded the public from the same-sex marriage debate by insisting their MPs vote along party lines. Liberal leader Stéphane Dion has begrudgingly allowed a free vote, although making the claim that same-sex marriage is a “fundamental” right under the Charter of Rights. He is wrong. The Supreme Court of Canada has never ruled on whether the traditional definition of marriage is unconstitutional. The Ontario Court of Appeal decision on same-sex marriage, which assumed the leadership role among the provincial courts on this issue, is now under a cloud, due to a complaint laid against Chief Justice McMurtry before the Canadian Judicial Council for serious judicial impropriety and the apprehension of bias for his part in that case.

Moreover, there is no human rights treaty that recognizes same-sex marriage. In fact, the UN treaties say quite the opposite in that they define marriage as the union between a man and a woman. Same-sex marriage is not included in the Charter of Rights, nor in the European Convention of Rights.

Further, the vote in Parliament on same-sex marriage, held in June 2005, was farcical with 39 Cabinet Ministers being denied a free vote, the refusal to accept amendments, and the invoking of closure, which prevented the critical issues surrounding same-sex marriage being debated. These issues include the impact of same-sex marriage on the welfare of children, the right to religious freedom and conscience by both religious and secular organizations, and the impact of same-sex marriage on education policies.

Elitist political leaders apparently believe that Canada is still in the twentieth century, where political parties ignored the opinion of the voting public. However, in today’s technologically advanced world, a well-educated public must be allowed to participate in setting government policy, and especially so on the same-sex marriage issue -- the most important issue of this generation.

Arrogant political leaders do not, in fact, know what’s best for everyone.

The Necessity for a Referendum on Same-sex Marriage

Since the Canadian public has been denied a voice on the issue of same-sex marriage, a very persuasive argument can be made for a referendum on the same-sex marriage issue. The 1992 Referendum Act provides that the government may call for a referendum on a constitutional issue. Marriage is an issue under our constitution, as it is set out in S.91 and S.92 of the 1867 British North America Act [BNA]. The time for a referendum has now arrived.