Halpern v Canada (AG)

2268 is a June 10, 2003 decision of the Court of Appeal for Ontario in which the Court found that the common law definition of marriage, which defined marriage as between one man and one woman, violated section 15 of the Canadian Charter of Rights and Freedoms.

The roots of the case began in December 2000 at the Metropolitan Community Church of Toronto, when pastor Brent Hawkes began issuing banns of marriage[1] in advance of performing wedding ceremonies for two same-sex couples—Kevin Bourassa and Joe Varnell, and Anne and Elaine Vautour—on January 14, 2001.

[7] The unanimous Court found that the exclusion of same-sex couples was a clear violation of the Charter and moreover did not constitute a "reasonable infringement" under section 1.

[7] The court also held that there was to be no suspension of the remedy as it applied to the general population, and that the new definition allowing same-sex couples to marry would take effect immediately.

The Globe and Mail, in choosing the "Nation Builders of the year," selected the judges involved in the case, namely Chief Justice Roy McMurtry, Eileen Gillese and James MacPherson,[10] while the Canadian edition of Time selected Stark and Leshner as its Canadian newsmakers of the year.