Same-sex marriage in New Brunswick

Following a number of court rulings in other provinces and territories recognizing the right of same-sex couples to marry, Justice Minister Brad Green announced in September 2004 that New Brunswick would not follow in the footsteps of Nova Scotia in issuing marriage licenses to same-sex couples. He argued that the definition is a federal matter, and the province would recognize only marriages between a man and a woman until the Government of Canada came up with another definition (as it finally did with the Civil Marriage Act in 2005).

However, Premier Bernard Lord indicated that if and when the federal government passes such legislation, his government would comply with it. He also indicated he would comply with a court ruling, even though he was personally opposed to same-sex marriage.

In April 2005, four same-sex couples filed a court challenge, Harrison v. AG of Canada, against the government's policy of denying marriage licences to same-sex couples. The couples included prominent New Brunswick gay rights advocate Art Vautour-Toole and his husband Wayne Toole (who had married in Ontario), as well as Catherine Sidney and Bridget McGale, Wayne Harrison and Ross Leavitt, and James Crooks and Carl Trickey.[2]

On June 23 of that year, Judge Judy Clendenning of the Court of Queen's Bench of New Brunswick in Moncton ruled that the province's failure to issue marriage licences to same-sex couples was a violation of their Charter rights, in accordance with court rulings in other provinces.[3] She allowed a ten-day grace period to the government to make the necessary administrative adjustments, after which it had to begin issuing same-sex marriage licences. This was less than a month before Parliament made same-sex marriage legal throughout Canada.

The new licenses became available on July 4.[4] This decision meant that about 90% of the Canadian population were living in provinces and territories where same-sex marriage is legal. The federal Civil Marriage Act which received royal assent on 20 July 2005 expanded this number to cover the entire country.

In March 2007, the Legislative Assembly of New Brunswick amended the provincial Family Services Act (French: Loi sur les services à la famille) to allow same-sex couples to adopt.[5] The amendments took effect on 1 February 2008.[6]

In December 2008, the Assembly made numerous amendments to the Marriage Act (French: Loi sur le mariage) and other acts regarding family law, replacing references to "husband and wife" with the gender-neutral term "spouses".[7] The legislation received royal assent by Lieutenant Governor Herménégilde Chiasson on 19 December 2008.

A 2017 CROP poll showed that 78% of respondents in Atlantic Canada supported same-sex marriage, while 22% were opposed. The survey did not give a figure for each Atlantic province individually. Nationwide, 74% of Canadians were of the same view, while 26% disagreed.[8]

Wikinews has related news: Court legalizes same-sex marriage in New Brunswick

• "Same-sex marriage in New Brunswick, Canada". Religious Tolerance.
• Harrison v. AG of Canada, 2005 NBQB 232