Most annoyingly, it seems that Canada’s Conservative Party is trotting out gay marriage, which is presently legal in Canada, for new Parliamentary debate.
As I have written before, Parliament does not have the right to stop gay people from getting married. The right to not suffer discrimination supersedes the authority of Parliament to legislate, by virtue of the Charter of Rights and Freedoms. This is not a right that can be restricted in keeping with “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” While the Notwithstanding Clause could be used to nullify that legality, doing so would be profoundly illiberal.
The whole thing is likely to be a vote-loser for the Tories, since even Canadians who have problems with gay marriage now generally consider the matter settled. Hopefully, the Tories will take some well-deserved flak for this political theatre and all parties will realize that they should leave the matter as it stands in the future.
My previous entries on this are here: 1 February 2006 and 3 June 2006.