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Given the composition of the House of Commons at the time, such a measure would have been very unlikely to pass. As a result, rights varied somewhat from province to province. Brent Hawkes forced the issue by performing two same-sex marriages, taking advantage of the fact that Ontario law authorizes him to perform marriages without a previous license, via the issuance of banns of marriage.Conservative Alberta Premier Ralph Klein proposed putting the question to the public at large via a national referendum, In 1999, the Supreme Court of Canada ruled in M. The registrar refused to accept the records of marriage, and a lawsuit was commenced over whether the marriages were legally performed.The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders.Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces and one of three territories, whose residents collectively made up about 90% of Canada's population.

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In 20, court decisions in the superior courts of Ontario, Quebec and British Columbia held that the restriction of marriage to opposite-sex couples was discriminatory and contrary to the equality clause of the Canadian Charter of Rights of Freedoms.

Following the Supreme Court's decision, Liberal Justice Minister Irwin Cotler, introduced Bill C-38 on February 1, 2005, to legalize marriage between persons of the same sex across Canada.

The Paul Martin government supported the bill but allowed a free vote by its backbench MPs in the House of Commons. 3 that same-sex couples in Canada were entitled to receive many of the financial and legal benefits commonly associated with marriage.

Following the 2006 election, which was won by a Conservative minority government under new Prime Minister Stephen Harper, the House of Commons defeated a motion to reopen the matter by a vote of 175 to 123 on December 7, 2006, effectively reaffirming the legislation.

This was the third vote supporting same-sex marriage taken by three Parliaments under three Prime Ministers in three different years, as shown below.

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