Would the rights and obligations flowing from a federal registry apply to provincial and territorial statutes?
No. Even if it was determined that the federal government does have the legislative power to create such a registry, this regime would be limited to federally recognized rights and obligations. Full agreement by all jurisdictions would be necessary to ensure that couples obtain the benefits to which they are entitled by both levels of government. So a federal registry would need complementary provincial and territorial legislation? Yes. This is important when we consider the portability of a civil union regime. In the event of the dissolution of a federal civil registered union, same-sex couples would be deprived of the protection afforded to married couples with respect to their provincially and territorially recognized rights to support, division of property, and parental responsibility. Were same-sex couples to move to a province or territory that does not recognize their union, they could claim discrimination. Why are civil registries in other jurisdictions successful? These regist
