Supreme Court of Canada decision
For equal marriage:
The Attorney General of Canada's Memorandum of argument
Metropolitan Community Church of Toronto
of Rev. Dr. Brent Hawkes
of Mary Bennett
of Rev. Sara Boyles
of Rev. Dr. Cheri DiNovo
of Dr. Tim Ryan
of Rev. Rick McCutcheon
Against equal marriage:
The Association For Marriage and the Family Memorandum of argument
The Interfaith Coalition on Marriage and Family Memorandum of argument
Legal Canada - Motion to quash marriage appeals succeeds
October 9, 2003
Motion to quash marriage appeals succeeds
Supreme Court of Canada sends meddlers packing
They've accused the Ontario Court of Appeal of bias (using a report on this web site to bolster this bogus claim), attacked the Canadian government for its compliance with the Charter of Rights of Freedoms, slandered gays and lesbians by claiming equal marriage is a gateway to incest and sex with babies, threatened politicians with damnation, and even insulted their last hope, the Supreme Court of Canada, accusing the country's highest court of judicial activism for upholding the liberties and freedoms of our land.
These misguided meddlers and bigots, a gang of bullies consisting of religious and secular extremists, cooked up two attempts to appeal the historic June 10, 2003 Ontario Court of Appeal decision that changed the common law definition of marriage to include same-sex couples. The groups were not even a direct party in the lower courts, but they somehow hoped to increase their status at the Supreme Court of Canada where they served their foul brew of prejudicial poison on October 6.
The court swallowed none of it, and today, just two days after the hearing, the Supreme Court of Canada announced that all five justices involved in the hearing agreed that there was no reason to grant an appeal or give the interveners in this case party status.
The decision comes as no surprise to observers. During the hearing, it became apparent that the case had no merit.
"This is a decision by the attorney general to stop pursuing litigation," Justice Iacobucci said, referring to Canada's decision not to appeal the Ontario marriage case and instead introduce legislation that includes same-sex couples in the definition of marriage. "How can a court reach into the attorney general's domain and say you must continue litigation?"
An Order of Motion was issued today by the Supreme Court of Canada, bearing the signatures of the Chief Justice McLachlin, and Justices Iacobucci, Major, Bastarache and Binnie. The one page document simply said, "The motions to quash the leave applications are granted. The motions to be added as parties are dismissed."
The court did not indicate whether the groups who appealed to the Supreme Court of Canada will have to pay the costs associated with this waste of time. Anti-gay groups have used same-sex marriage as a means of increasing their memberships and funds, raised through scare-mongering and misinformation. It would be fitting if money raised by these groups is forwarded to the people that have been fighting to uphold Charter values and the Canadian principles of equality for gays and lesbians.
Our thanks to the Metropolitan Community Church of Toronto, the lawyers involved in defending our rights, including McGowan Elliott & Kim, Epstein Cole, the Attorney General of Canada and all the groups and individuals that provided affidavits in support of this important result!