The Supreme Court of Canada Decision with Respect to the Ontario Family Law Act

The Supreme Court of Canada struck down the provision of the Ontario Family Law Act dealing with support and division of property rights in the case of the breakdown of common-law relationships because it excludes same sex couples.

While the area of support obligations for non-married couples is entirely within provincial jurisdiction, the decision may have implications for federal legislation which extends benefits to non-married couples.

We will be closely examining it -- just as we always do for all court decisions that have implications for federal laws and programs. And if necessary adjustments will be made.

This does not mean that same sex couples are legally recognized as "married." Indeed, no jurisdiction in the world recognizes same-sex "marriages."

It is rather a recognition that they have the same needs as heterosexual, non-married couples for access to the courts to determine the legal effects of the breakdown of their relationships.

We believe that it is not necessary to redefine concepts like marriage in order to ensure access to benefits and obligations for people in committed relationships in a way that is fair to all Canadians.

We do not believe that the recognition of same sex couples should be left to the courts. It should be left to Parliament to debate and determine when and how such relationships should be covered by benefits and obligations.

The government will bring such changes before the House when they are deemed appropriate.