The court heard the reference only last month (October 6 and 7) but as we wrote at the time, we fully expect our nation's highest court will support same-sex marriage, so a speedy response was expected and is considered to be a sign of good news for anyone who values Charter rights.

Conservative and Liberal politicians have both abused the Supreme Court of Canada. Prime Minister Paul Martin and Justice Minister Irwin Cotler have hid behind the courts, delaying justice, politicizing the courts and leaving our justices vulnerable to attacks by Conservatives, who label our esteemed courts with charges of bias and judicial activism.

So we're most interested whether the court will respond to the fourth additional question that was tagged onto the reference simply to alter the timeline of justice for political convenience. This delay tactic, intended to "punt" (according to David Herle, co-chair of the PM's national campaign) the issue of gay marriage past the last election has resulted in a patch-work of rights across the country, as gay and lesbians are forced to continue fighting for their rights, province by province, and territory by territory.

The Fourth Question

PM Jean Chretien (2003):

Is the draft bill within the exclusive legislative authority of the Parliament of Canada?

Is the section of the draft bill that extends capacity to marry to persons of the same sex consistent with the Canadian Charter of Rights and Freedoms?

Does the freedom of religion guaranteed by the Charter protect religious officials from being compelled to perform a marriage between two persons of the same sex that is contrary to their religious beliefs?

PM Paul Martin (2004)

Is the opposite-sex requirement for marriage for civil purposes, as established by the common law and set out for Quebec in s. 5 of the Federal Law-Civil Law Harmonization Act, No. 1, consistent with the Canadian Charter of Rights and Freedoms? If not, in what particular or particulars and to what extent?