Can the Courts Amend the Constitutional Definition of ‘Marriage’?
The applicants seek to change the constitutional definition of “marriage” in Canada to include same-sex couples. In support of their claim the applicants advance a large volume of social science evidence and argument advocating that the time has come to change the definition of marriage to include unions between couples of the same sex. However, this Court is not empowered to consider or determine social policy for the province or the country; this Court only has the jurisdiction to determine questions of law. Consequently, putting to one side the issue of social policy raised by this case, this Court must determine whether there is any legal basis for the change in the constitutional definition of “marriage” sought by the applicants. The primary relief sought by the Halpern applicants is an order directing the issuance of marriage licences to them under the Ontario Marriage Act; the applicant, the Metropolitan Community Church of Toronto (“MCCT”), seeks an order requiring the Registra
