Canadian Justice Minister Says All Same Sex Marriages Legal And Valid; Civil Marriages Act To Be Amended; “Confusion And Pain Resulting From This Gap Is Completely Unfair To Those Who Are Affected”

All same sex marriages performed in Canada are legal and the law will be changed to ensure that divorce is readily available to non-residents who were married in the country, Justice Minister Rob Nicholson says. Speaking at a Toronto luncheon Friday, Mr. Nicholson blamed the Liberal government that preceded his for not filling a “legislative gap” that has left thousands of same-sex couples in an agonizing position of being unable to divorce should they feel a need to. The situation has been “completely unfair to those affected.” Mr. Nicholson said. “I want to make it clear that in our government's view, these marriages are valid.” The announcement appears to clear up a continuing source of controversy that erupted Thursday when The Globe and Mail reported a divorce case in Toronto where the Justice Department took the position that a same-sex marriage involving non-residents is not legal unless their home country recognizes it as such. Nicholson raised the issue immediately after taking the podium at a Canadian Club luncheon. His statement went well beyond an assurance he gave Thursday that the government will consider legislative reform that would enable couples affected to obtain divorces. On Friday, he expressed empathy with those caught up in the confusion and assured them that changes will be made to ensure that both their marriages and divorces are legally valid. “The confusion and pain resulting from this gap is completely unfair to those who are affected,” Nicholson said. The Civil Marriage Act will be changed to ensure that any marriages performed in Canada that aren't recognized in the couple's home jurisdiction will be recognized in Canada nonetheless, he said. “This will apply to all marriages performed in Canada,” Mr. Nicholson said. “We have been clear that we have no desire to reopen this issue – both myself and the Prime Minister consider this debate to be closed.” The case at the centre of the controversy was launched by a lesbian couple seeking a divorce. Wed in Toronto in 2005, the couple was told they could not divorce because they were never really married. A Department of Justice lawyer argued their marriage is not legal in Canada since they could not have lawfully wed in Florida or England, where the two partners reside. That stand quickly sparked confusion at home and abroad from activists and couples who married in this country. Political opponents and gay activists feared the move signalled a reopening of the issue that would potentially cast the legality of same-sex marriage in doubt. However, Prime Minister Stephen Harper insisted Thursday afternoon that he would not do so. “We're not going to reopen that particular issue,” Harper told reporters at a shipbuilding event in North Vancouver.