6. In 2005, Canada became the ___ country in the world to federally legalize same-sex marriages.
Fourth!
The federal Civil Marriage Act became effective in Canada on July 20, 2005, making same-sex marriage legal in every province and territory. It was the fourth country in the world to do so, following The Netherlands (April 1, 2001), Belgium (February 13, 2003), and Spain (also July 2005, but their bill came into effect on July 3rd, beating Canada out by a few weeks.) ¹
Just for fun, here’s an outline of when each province legalized same-sex marriage:²
| Province | Date Same-Sex Marriage Was Legalized |
|---|---|
| Ontario | 10 June 2003 |
| British Columbia | 8 July 2003 |
| Quebec | 19 March 2004 * Note Quebec also had "civil unions" legislation from June 2002 |
| Yukon | 14 July 2004 |
| Manitoba | 16 September 2004 |
| Nova Scotia | 24 September 2004 |
| Saskatchewan | 5 November 2004 |
| Newfoundland and Labrador | 21 December 2004 |
| New Brunswick | 23 June 2005 |
| Alberta, Prince Edward Island, Nunavut, Northwest Territories | 20 July 2005 (by Civil Marriage Act) |
The first public same-sex marriage ceremony that occurred in Canada was in Toronto in 2001, two years before Ontario officially legalized same-sex weddings. Reverend Brent Hawkes, himself a gay man, used an ancient Christian tradition called “reading of banns”.³ In essence, the marriage is officially announced in a church setting three times, usually over three consecutive weeks, with a spoken opportunity for anyone to put forward a reason why the marriage may not lawfully take place. In some communities, reading of the banns is also an opportunity for the community to pray for the couple.⁴ (I couldn’t find a resource that readily explained how widespread the use of banns is anymore, but in Ontario, where these weddings were performed, there remains a possibility to be married using this process of reading banns, working with someone who is a licensed wedding officiant.)⁵
Photo: Richard Lautens, Toronto Star Archives.
The double wedding, where Kevin Bourassa married Joe Varnell and Elaine Vautour married Anne Vautour, was immediately contested and went to the provincial courts. Although it took two years, the weddings were officially registered in 2003, and are considered to have been legal since their ceremony in 2001.⁶
The first Canadians to be married in a civil ceremony in Canada were Michael Stark and Michael Leshner, who were married in 2003 just hours after the Ontario Court of Appeals upheld a ruling to affirm same-sex marriages.
Husbands Michael Stark (left) and Michael Leshner, just after their marriage on June 10, 2003. Photo by Frank Gunn/The Canadian Press.
As a reminder, queer history does not begin or end with access to marriage(!) but I didn’t feel like I could do an introductory presentation or quiz about queer history in Canada without at least touching on the topic.
Below, I compiled a slideshow of some of the first people in each province to obtain legal marriage. You can click on each image to be taken to an article about the couple (or see sources below). Not all of the couples were interested in being activists**, but all are part of our history.
** Note: I did not use my internet research powers for evil—in cases where I could not easily find a photo of the couple, I opted not to go on a Facebook stalking expedition or use other methods to try to source them. In these cases, I have instead provided a soothing nature photo.
Another editorial note—the idea of “first” is inherently a bit of a nebulous concept that at best tends to be frequently wrong at and worst creates a weird hierarchy where people who, by result of privileges they have (notice how many of the couples below are white!), are able to do something first have a bigger proportional role or influence. My goal in collecting and sharing the photos below is not to glorify these individual couples—it’s to reinforce that dozens of people were collectively involved in the push for access to marriage and the associated spousal rights and benefits. It’s also just nice to see a lot photos of happy queer people in a time where, let’s face it, being visibly queer has become (in some ways) more dangerous than it used to be.
End Notes/Sources
1. EQUALDEX. “Same-sex marriage.” n.d. https://www.equaldex.com/issue/marriage
2. Margrit Eichler, Anne-Marie Pederson, and Andrew McIntosh. “Same-Sex Marriage in Canada.” The Canadian Encylopedia. Last edited March 11, 2024. See also CBC News “TIMELINE | Same-sex rights in Canada.”
3. CBC News. “TIMELINE | Same-sex rights in Canada.” Last updated May 25, 2015. https://www.cbc.ca/news/canada/timeline-same-sex-rights-in-canada-1.1147516
4. The Church of England. “Reading of banns.” N.d. https://www.churchofengland.org/life-events/your-church-wedding/planning-your-ceremony/reading-banns
5. Government of Ontario. Marriage Officiant’s Guide to Performing Marriage Ceremonies in Ontario. August 2023. ON00459E.
6. Debra Black. “From the Archives: Twenty years ago today, two gay couples tied the knot and made history.” Toronto Star. Last updated January 14, 2021.
Notes/Sources for Slideshow
Yukon (2004) — Stephen and Rob Dunbar-Edge. The Dunbar-Edges were married following their suit against the government in 2004. An amusing side-note to this case is that the government originally argued that they did not need to change the law because the Dunbar-Edges could be married using the reading of the banns, which was the method used to sort of “sneak” same-sex marriage through when it was otherwise illegal. Their lawyer, Jim Tucker, told CBC news that "Telling [them] that they could get married by the use of banns in their church is analogous to telling Rosa Parks that she could take a cab.” Image sourced from Genesee Keevil, “Let no man put asunder.” Yukon News. Last updated June 28, 2017.
British Columbia (2003) — Antony Porcino and Tom Graff. In July 2001, eight same-sex couples filed a lawsuit, Barbeau v. British Columbia, that paved the way for same-sex marriages in B. C. Although the court initially ruled against same-sex marriages, it found in a 2003 appeal that denying marriage licenses to same-sex couples violated their Charter rights. Initially the Court issued a stay to give the federal government time to legislate the issue, but in July 2003 it followed the example set by the province of Ontario and ruled that any further delay would be inequitable. Porcino and Graff were married the same day that British Columbia lifted the stay, on July 8, 2003. Image sourced from CBC Archives. Michelle Gomez, “Vancouver’s first gay married couple reflects on B. C.’s legalization of same-sex marriage, 20 years later.” CBC News. Last updated July 8, 2023.
Northwest Territories (2005) — Jason Perrino and Colin Snow. Perrino and Snow filed a lawsuit against the Government of Northwest Territories in May 2005 for their right to marry. The case was not opposed by the government, and the case became somewhat superfluous when the federal law was changed three months later in July. The Northwest Territories Marriage Act was only officially changed to gender-neutral language in 2017. Image sourced from Spectacular Northwest Territories, “21 Serene spaces where you can really chill out in the Northwest Territories.” n. d.
Alberta (2005) — Keenan Carley and Robert Bradford. I couldn’t find a lot of information about this couple, but the government of Alberta at the time was very open about unhappy they were about the change in the law. Premier Ralph Klein said "I believe I speak on behalf of the majority of Albertans… We strongly believe in the traditional definition of marriage." Image sourced from Marzieh Navaei, “The Top Ten Reasons to Visit Alberta Canada.” Canada By Design. n. d.
Saskatchewan (2004) — Lisa and Erin Beckwell. Image sourced from CBC News. “Gay couple involved in historic case celebrates 10th anniversary.” CBC News. Last updated November 6, 2014. The Beckwells were part of a challenge brought to Saskatchewan courts by a group of five couples seeking marriage licenses in 2004. Another couple, Jai Richards and Nicole White, were also involved in the case, and reflect on their experiences here.
Nunavut (2017) — Joe Kucharski and Dwayne Nowdlak. Although there’s a wikipedia page that states at least two same-sex marriages happened prior to this one, the source links were dead, so it’s possible the first same-sex marriage in Nunavut occurred in 2017! According to an article by Lisa Gregoire in Nunasiaq News in 2014, Nunavut has had a complex road to gay marriage. Chris Tott, a professor at University of Manitoba who has studied Inuit kinship, social organization, oral tradition, and the history of missionaries in the area, said there is no reference to homosexual relationships in any Inuit history he has seen, in any format. There were no Inuktitut terms for homosexuality. “Formal gay relationships” were and are seen by many in Nunavut to be the result of “southern influence”, and there was significant opposition to changing of the law to authorize same-sex unions. All this said, in 2003 the then-premier of Nunavut, Paul Okalik, indicated that Nunavut would recognize same-sex marriages that had been authorized outside of the province. History: it’s complex!
Manitoba (2004) — Stefphany Cholakis and Michelle Ritchot. Cholakis and Ritchot and two other couples were part of a lawsuit, Vogel v. Canada, to legalize same-sex marriages. On September 16, 2004, Justice Douglas Yard ordered the province to begin issuing marriage licenses to same-sex couples. Cholakis and Ritchot were married the same day. Image by Richard J. F. Wood. “Within hours [of the legalization of same-sex marriage in Manitoba], Cholakis and Ritchot fill out their application forms for a marriage license at Vital Statistics.” Photo from Flickr, “Queer History of Winnipeg” account.
Manitoba (1974) — Chris Vogel and Richard North. Vogel and North were married in a Unitarian Universalist church, possibly the first gay couple to be married in a Canadian church. The registration of marriage was denied because they were both men, and this led to Vogel and North becoming two of the six plaintiffs in Vogel v. Canada. Although they won the case, Vogel and North decided not to get married a second time, believing their first wedding and registration should be honoured and legally binding. In 2018, the Manitoba Human Rights Commission dismissed a case by Vogel to have their original marriage certificate validated, arguing that because their wedding predated the Charter of Rights and Freedoms, the Charter could not be applied retroactively, and that Vogel and North had been treated in accordance with the law at the time. See also this interview with Vogel and North discussing their marriage, and views about homosexuality at the time. Photo by Jeff De Booy, Winnipeg Tribune. Sourced from The Daily Courier, “Winnipeg men trying to get their 1974 marriage registered dealt setback.” Last updated January 10, 2018.
Ontario (2001) - Paula Barrero and Blanca Mejias. Although Brent Hawkes performed a double-wedding that was the first legal same-sex wedding to occur in Canada, in an interesting quirk of history, they were not the first to be legally registered. Another couple in Toronto, Paula Barrero and Blanca Mejias, were also married using the reading of the bans in September 2001, by Minister and former MPP Cheri DiNovo. In what is assumed to be a clerical error where the Latino names were assumed to be of a heterosexual couple, the marriage certificate was approved and the marriage was formally registered. When the other weddings won their legal battle and their marriage certificates were backdated, Barrero and Mejias’ weddings moved from being the first legal wedding to the third legal wedding in Canada. Image is sourced from Alex Mlynek, “Two words Rev. Cheri DiNovo wants to hear from the United Church,” Broadview. Published May 4, 2018.
Quebec (2002) - Roger Thibeault and Theo Wouters. In June 2002, two years before the province would legalize same-sex marriages, Quebec unanimously passed legislation to allow for civil unions, in a “separate but equal” approach to solving the same-sex marriage question. Three and a half weeks later, Thibeault and Wouters were married at the courthouse. Years of advocacy had led to the creation of civil unions in Quebec, and they continue to be possible today, accounting for just one percent of all legalized unions each year. Image by Anthony Peters/The Canadian Press, sourced from The Canadian Press, “Roger Thibault, one half of of first same-sex civil union in Quebec, dies at 77.” CP24. Published August 13, 2023.
Quebec (2004) - Michael Hendricks and René Leboeuf. Hendricks and Leboeuf are longtime activists in Quebec, having been involved in ACT-UP Montreal. In 2000, they applied for a marriage license but were denied on the grounds of being a partnership of two men. They filed suit against the government in Hendricks and Leboeuf v. Quebec in 2001. While the case continued, Quebec passed its civil unions law (see above), but eventually the court ruled that limiting marriage to opposite-sex couple was indeed a violation of the Charter of Rights and Freedoms. The ruling announced that the laws against same-sex unions would become “inoperative” in two years, ostensibly to give the federal government time to move on the issue. In 2004, Hendricks and Leboeuf appealed the decision, arguing the delay was unconstitutional, and inconsistent with the changes in Ontario and British Columbia, where same-sex unions had been made legal effective immediately after the ruling. They won that appeal, and were married on April 1, 2004, having already been a couple for 30 years when they officially tied the knot. (I particularly recommend clicking through for the article about this couple, because their wedding photos are the most wholesome, and they also had a wedding cake large enough to fit a person inside of.) Image from CBC: Erika Morris, Sandra Hercegova, “Quebec’s 1st married same-sex couple reminisces on 20th anniversary.” CBC News. Published April 1, 2024.
New Brunswick (2005) - Bridget McGale and Catherine Sidney. Bridget McGale and Catherine Sidney were one of four couples who brought suit to access same-sex marriage in New Brunswick in Harrison v. AG of Canada. This court case appears to have proceeded remarkably quickly, with the plaintiffs filing in April and a decision being rendered in June. McGale and Sidney married July 10, 2005. Image provided to CBC by Catherine and Bridget. Raechel Huizinga, “Happily ever after: revisiting 2 couples who fought for gay marriage in N.B.” CBC News. Published February 14, 2024.
Nova Scotia (2004) - Norman Carter and Gerard Velhoven. Sources vary a little on this one, but we can confidently say at least that Norman and Gerard were among the first couples to be married in Nova Scotia. As of 2000, same-sex couples in Nova Scotia could register for domestic partnership, but this did not provide all of the rights inherent to marriage. Like many provinces, a legal challenge was brought in Boutilier et al. v. Canada (A. G.) and Nova Scotia (A. G.) in August, 2004, with three couples challenging the law. Nova Scotia became the first Atlantic province to allow same-sex marriages in September 2004. On October 16, 2004, Norman and Gerard were married in Amherst, Nova Scotia. Image is from their wedding, and was republished in Norman Carter’s obituary. Wayves Magazine. “Norman Carter.” Wayves Magazine. March 2010.
Newfoundland & Labrador (2004) - Noelle French and Jacqueline Pottle. Noelle French and Jacqueline Pottle were one of two couples, both lesbian, who appealed their rejection of a marriage license in 2004. Noelle and Jacqueline were married just a few days after a Newfoundland Supreme Court ruled in their favour in December, 2004. This ruling was something of a formality as the government at the time, led by Justice Minister Tom Marshall, said they would not oppose the lawsuit. Although the government did not oppose the policy, many Newfoundlanders did—vociferously. A 2019 access to information request received over 300 pages of document about the legislative change on same-sex marriages in Newfoundland, including pages of letters opposing the change written by citizens as well as public officials, including several mayors who insisted they would not perform same-sex marriages. Many of the responses cited religious convictions as the reason against the change. Shortly after the change, the government announced that all marriage commissioners must resign within a month if they were unwilling to perform same-sex marriages—and 10% of marriage commissioners did. One commissioner filed a Human Rights Complaint alleging religious discrimination when she was forced to quit, arguing that if same-sex marriage was against her religion, she could not be forced to provide it, and the government was discriminating against her by requiring her to do so. This case absolutely crawled through the court system, and was still being debated in 2019—by which time, the complainant had actually died, but the lawyers for her estate decided it was appropriate to use her estate funds to appeal the 2017 decision in the province’s favour. The case was finally adjudicated in 2021, with Justice Vikas Khaladkar ruling no discrimination had taken place. Working as a marriage commissioner on behalf of the Newfoundland government required this person to act as a representative of the state, and the state would not discriminate against same-sex couples. The judge noted that, if the complainant wished to perform marriages but not be required to serve same-sex couples, she could have applied to become a marriage celebrant within her religious organization, who, as a body separate from the state, would not be required to officiate same-sex marriages. Image from Radio Canada, “La Cour suprême de T.-N.-L. légalise le mariage gai.” Last updated December 21, 2004.
Prince Edward Island (2005) - Dr. Chris Zarow and Constance Majeu. (Note: the sources for this entry are largely from the Wayback Machine, i.e. they’re websites that don’t exist anymore, which reference other sources that also don’t exist anymore. I wouldn’t use these citations for any kind of academic paper, but for a blog post, we’ll let it slide.) P. E. I. is one of four regions in Canada which “automatically” began authorizing same-sex marriages when the federal Civil Marriage Act came into play. Although the province theoretically had quite a bit of notice this change would be happening, it appears that the province did very little to prepare for the change, and this caused a delay on access to marriage for same-sex couples. In the end, it took until December 2009 for all necessary laws and legislation in P. E. I. (there were twenty-nine of them!) to be changed to use the gender-neutral term “spouses” instead of “husband and wife.” At that time, the province acknowledged a backlog of requests that could finally be addressed, allowing for things like same-sex couples to have birth registrations for their children that acknowledged both parents. Curiously enough, the first same-sex marriage in P. E. I. was not of two P. E. I. residents—it was a couple who lived in California, but had family roots in P. E. I. and wanted to be married during a family reunion. The couple initially faced some pushback from the government, but were able to obtain the marriage license after calls to the Premier’s office, the Attorney General’s office, and the Department of Health. They were married at a place called “The Rainbow Lodge.” Photo by Stclair Macaulay/Tourism PEI, obtained from “PEI’s Must See Lighthouses” [sic], WelcomePEI.com, no date.
Now if you’ll excuse me, I think I need to go re-write every Wikipedia page on same-sex marriages in [province of Canada] so that they have citations that aren’t broken links.
