Wedding law: By the authority vested in me...

• Author: Bowal, Peter

Add getting married to the list of activities in modern Canadian society which today is easy, chock full of options and as quick as you want it. This article is a brief summary of wedding law in Canada.

Federal Marriage Legislation

While our Constitution Act, 1867, section 91(26) confers exclusive jurisdiction on "marriage and divorce" upon the federal government, the federal regulatory role over marriage is a modest one.

The Civil Marriage Act, SC 2005, c 33 was enacted in 2005 to authorize same-sex marriage. Section 2 reads: "Marriage, for civil purposes, is the lawful union of two persons to the exclusion of all others." Accordingly, gender is not specified in Canadian marriage legislation. Religious officiants are free to refuse to perform marriages that are not in accordance with their religious beliefs (section 3). Presumably, civil marriage commissioners with similar religious convictions are not entitled to the same scope of freedom of conscience, although section 3.1 adds that "no person shall be deprived of any benefit... of the freedom of conscience and religion guaranteed under the Canadian Charter of Rights."

Section 2(2) of the Marriage (Prohibited Degrees) Act, SC 1990, c 46 bars someone from marrying "another person if they are related lineally, or as brother or sister or half-brother or half-sister, including by adoption." Lineal relationship is not defined, but would include close, direct relatives by blood or adoption such as grandparent-grandchild, parent-child, and siblings. Such prohibited marriages are void [section 3(2)].

The federal Criminal Code RSC 1985, c C-46 establishes certain "offences against conjugal rights" in sections 290 to 293, namely bigamy, "procuring feigned marriage" and polygamy. Unlawful solemnization of marriage, whether it be an unauthorized officiant or someone who "procures a person to solemnize a marriage knowing he is not lawfully authorized to solemnize the marriage" [section 294(b)] is a crime punishable by imprisonment for up to two years.

Recognition of Foreign Marriages

What about eloping overseas, quickie Las Vegas marriages, beach resort weddings in the Caribbean, or immigrating to Canada as a married person? Generally, a foreign marriage will be legally recognized in Canada if it is legal under the laws of the location where it occurred and if it complies with Canada's federal laws on marriage, which prohibit marriage between close relatives and being married to only one person at a...