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Marriage in Canada

Marriage remains one of the most important social institutions in Canada. It has undergone profound changes since the 1960s. The marriage rate is in decline and the traditional idea of a family is being transformed. After the turn of the millennium, the marriage rate fell to 4.7 marriages per 1,000 people (compared to 10.9 in the 1940s). Married couples are still the predominant family structure. But between 2001 and 2016, the number of common-law couples rose 51.4 per cent; more than five times the increase for married couples over the same period. The definition of what constitutes a married couple also changed in 2005 with the legalization of same-sex marriage. In 2016, 65.8 per cent of Canadian families were headed by married couples; down from 70.5 per cent in 2001. Marriage falls under federal jurisdiction, but the provinces regulate marriage ceremonies and grant marriage licences.

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Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”

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Constitutional History of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federaland provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and politicalpressures facing Canadians, as well as their choices as a society.

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Meech Lake Accord

In 1987, Prime Minister Brian Mulroney attempted to win Quebec’s consent to the revised Canadian Constitution. The result was the Meech Lake Accord. It was an agreement between the federal and provincial governments to amend (change) the Constitution. The Accord proposed strengthening provincial powers and declaring Quebec a “distinct society.” The Accord was never put into effect. Political support for it unravelled in 1990. Many Québécois saw the Accord’s failure in English Canada as a rejection of Quebec. Support for separatism soared in Quebec and led to the 1995 Quebec Referendum.