Same-sex marriage in Nunavut

Same-sex marriage in Nunavut has been legal since 20 July 2005. The territory began granting marriage licences to same-sex couples upon the passage of the federal Civil Marriage Act.[1] Previously, beginning in October 2003, same-sex marriages performed in other jurisdictions were legally recognized in Nunavut.

  Same-sex marriage in Canada
Legal
Reference Re Same-Sex Marriage
Halpern v Canada (AG)
Civil Marriage Act
Parliament
38th House · 38th Senate
39th House · 39th Senate
Same-sex marriage by province
Related
Civil unions in Quebec
Adult interdependent relationship in Alberta
Domestic partnership in Nova Scotia
Common-law relationships in Manitoba
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 states and Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau or the Cook Islands.
  4. Not recognized in Caribbean overseas territories, though marriage-equivalent ordered for the Cayman Islands.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Recognition of foreign marriage for parental rights
  11. Unregistered cohabitation or Maitri Karar–type contractual relationships
  12. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  13. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent
  14. Limited to spouses of foreign diplomatic officials.
* Not yet in effect
LGBT portal

Background

On 30 October 2003, Premier Paul Okalik made the following statement:[1]

"If developments in the Parliament of Canada and the Supreme Court of Canada result in the definition of marriage being broadened, we will respect the law and comply with that. In the meantime, anyone in Nunavut who has been legally married anywhere will be recognized by the Government of Nunavut as married."

He further suggested that the territory would perform same-sex divorces should the issue arise.

Premier Okalik succeeded in passing a territorial human rights code banning discrimination on the basis of sexual orientation. As well, Nancy Karetak-Lindell, Liberal MP for the riding of Nunavut, was re-elected in the 2006 election after having supported same-sex marriage.[1]

During the February 2004 general election, one of Premier Okalik's main opponents ran on the basis that he would repeal the territory's human rights legislation on sexual orientation, and would not recognize same-sex marriages.

Territorial legislation

In October 2011, the Legislative Assembly of Nunavut amended the Marriage Act (Inuktitut: ᑲᑎᑎᓯᒪᔪᓕᕆᓂᕐᒧᑦ ᐱᖁᔭᖅ, katitisimajulirinirmut piqujaq;[2] Inuinnaqtun: Katitiviliqinikkut Maligaq; French: Loi sur le mariage) and several other acts relating to family law and children law. The bill passed by the Assembly replaced the expression "husband and wife" with the gender-neutral term "spouses" in section 43(4) and added "or spouse" in section 13(b). The Adoption Act (Inuktitut: ᑎᒍᐊᕐᓂᕐᒧᑦ ᐱᖁᔭᖅ, tiguarnirmut piqujaq; Inuinnaqtun: Tiguaqnikkut Maligaq; French: Loi sur l'adoption) was also amended to allow same-sex couples to adopt children.[3][4] The bill received royal assent by Commissioner Edna Elias on 31 October 2011.

Section 13 of the Marriage Act, entitled "Civil Marriage", reads:

Where a marriage ceremony is performed by a marriage comissioner [...] (b) each of the parties to the marriage shall, in the presence of the marriage commissioner and the witnesses, say to the other party: I call upon these persons here present to witness that I, .................., do take thee, .................., to be my lawful wedded (husband, wife, or spouse). [R.S.N.W.T. 1998,c.M-4,s.13]

Marriage statistics

From July 2005 to October 2006, only one same-sex couple married in Nunavut, the lowest among all of Canada's provinces and territories.[5]

According to Statistics Canada, there were 25 same-sex couples living in Nunavut in 2016, though it is unknown how many were married, in a common-law marriage or cohabiting.[6]

The first same-sex marriage involving an Inuk man was performed in June 2017.[7] There had already been one marriage involving an Inuk lesbian couple. The first same-sex marriage in Cambridge Bay was performed in August 2018.[8]

References
  1. "Nunavut will recognize same-sex marriages". Equal Marriage for Same-Sex Couples. 7 November 2003. Archived from the original on 10 March 2011. Retrieved 10 March 2011.
  2. "ᐱᕙᓪᓕᐊᔪᑦ ᓴᖅᑭᑕᐅᔪᑦ". gov.nu.ca (in Inuktitut).
  3. "Maligait & Maliktaghat". gov.nu.ca (in Inuktitut).
  4. "AN ACT TO AMEND SEVERAL ACTS FOR CONSTITUTIONAL VALIDITY (SPOUSAL BENEFITS AND OBLIGATIONS)" (PDF). Legislative Assembly of Nunavut. 23 October 2011. Archived from the original (PDF) on 30 August 2016.
  5. "Over 12,000 Married Same-sex Couples".
  6. "Focus on Geography Series, 2016 Census". Statistics Canada.
  7. Hill, Angela (9 June 2017). "'Standing ovation' in Iqaluit bar greets milestone gay marriage in Nunavut". CBC News.
  8. Neary, Derek (10 July 2018). "Cambridge Bay's first same-sex marriage getting 'incredible' support". Nunavut News.
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