I conceive that marriage, as understood in Christendom, may for this purpose be defined as the voluntary union for life of one man and one woman, to the exclusion of all others.

The meaning of marriage is not fixed to what it meant in 1867, but rather it must evolve with Canadian society which currently represents a plurality of groups.

Section 2 of the Act was considered to be ultra vires to Parliament, as its pith and substance related to who may (or must) perform marriages and falls within the subject matter allocated to the provinces under s. 92(12).

The federal government had already decided not to appeal the Helpren case in Ontario on the very issue and so there was no point examining it again.

Also, the court wished to respect the lower-court decisions upholding same-sex marriage by letting them stand.