Bill S-32
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S-32
First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005
SENATE OF CANADA
BILL S-32
An Act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act in order to affirm the meaning of marriage
first reading, May 12, 2005
THE HONOURABLE SENATOR COOLS
0335-1
SUMMARY
This enactment amends the Marriage (Prohibited Degrees) Act and the Interpretation Act in order to affirm the meaning of marriage.
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-32
An Act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act in order to affirm the meaning of marriage
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1990, c. 46
MARRIAGE (PROHIBITED DEGREES) ACT
1. The long title of the Marriage (Prohibited Degrees) Act is replaced by the following:
An Act respecting marriage
2. Section 1 of the Act is replaced by the following:
SHORT TITLE
Short title
1. This Act may be cited as the Marriage Act.
MEANING OF MARRIAGE
Meaning of marriage
1.1 Marriage is the lawful union of one man and one woman to the exclusion of all others,
(a) solemnized in accordance with the laws of the province in which the marriage takes place; or
(b) made valid in accordance with the laws of a foreign country in which the marriage takes place if the marriage is also recognized as valid in Canada under the laws of Canada.
Judgments
1.2 The judgments of certain courts declaring a doctrine of marriage contrary to that expressed by section 1.1 of this Act, shall be set aside and nullified.
Charter
1.3 Section 1.1 operates notwithstanding any contrary judgments of a court, and notwithstanding sections 7 and 15 of the Constitution Act, 1982.
PROHIBITED DEGREES
R.S., c. I-21
INTERPRETATION ACT
3. Subsection 35(1) of the Interpretation Act is amended by adding the following in alphabetical order:
“marriage”
« mariage »
« mariage »
“marriage” means a marriage within the meaning of section 1.1 of the Marriage Act;
Published under authority of the Senate of Canada
Explanatory Notes
Marriage (Prohibited Degrees) Act
Clause 1: Existing long title:
An Act respecting the laws prohibiting marriage between related persons
Clause 2: Existing text of section 1:
1. This Act may be cited as the Marriage (Prohibited Degrees) Act.
Interpretation Act
Clause 3: New.