Gina Santiago
November 19, 2014
Same-sex marriages have been very controversial since becoming an issue in Canada regarding the Canadian Charter of Rights and Freedoms. Several people state that same-sex marriages should be legal, while others disagree, saying it should not be permitted. There have been many debates and inquiries about this issue for several years; the MP's and Parliament will finally settle the problem within the next year or so. Many are in favor of legalizing same-sex marriages in all of Canada due to the violations and infringes upon the Charter of Rights and Freedoms. Problems revolving around same-sex marriages have upset many religious groups. These groups believe that same-sex marriages should not be performed in a church or at all. Although churches and other places of worship do not approve of same-sex marriages, legalizing same-sex marriages does not breach the Canadian Charter of Rights and Freedoms. Same-sex marriages should be legalized everywhere in Canada because individuals should be able to express themselves freely without having to feel discriminated against, as stated in the Canadian Charter of Rights and Freedoms. Denying the fundamental liberties and other rights in the Canadian Charter of Rights and Freedoms is unconstitutional and contravenes what the Charter is expected to maintain. The fundamental rights are what the charter is based on the freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication (Section 2b) will be infringed if same-sex marriages are disallowed. Addressing the issue of the fundamental freedoms on same-sex marriages, Prime Minister Paul Martin quoted: The Charter is a living document, the heartbeat of our constitution. It is also a proclamation. It declares that as Canadians, we live under a progressive and inclusive set of fundamental beliefs about the value of the individual. It declares that we all are lessened when any one of us is denied a fundamental right If we do no step forward, then we step back. If we do not protect a right, then we deny it.
Canada is governed based on the Canadian Charter of Rights and Freedoms. Certain parties of the government believe that the government cannot and should not pick and choose whose rights they will defend and whose rights they will ignore. If the fundamental rights of one minority can be denied, those of others can potentially be denied as well. The freedom to express yourself is the way a person gains their individuality. If the government seizes that liberty, individuality is being taken away from the world. If same-sex marriages are prohibited, section 2B of the fundamental rights will be infringed as well as the individuality of a person. Discrimination concerns have also become a problem regarding the Charter of Rights and Freedoms. In the past, homosexuals were discriminated and penalized for their sexual orientation. They were murdered in the early twentieth century and then later on imprisoned as time passed. Discrimination also arose if employers discovered of their employees homosexual orientation, which caused them to lose their employment. The equality rights have also been violated concerning marriage benefits and the definition as well (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability. Before the definition of marriage was changed, homosexuals were not included under the law stating marriage as the union between a man and a woman. The government found it unconstitutional and changed it so it would correspond to the changes in the twenty-first century and reflect Canadian society in the