In re Marriage Laws

The federal Parliament cannot enact Bill No.3 as drafted because it would improperly legislate on 'solemnization of marriage,' a subject exclusively reserved to provincial legislatures under s.92(12). Provincial requirements as to form/solemnization that render marriages void fall within provincial competence; accordingly Parliament lacks authority to validate or to make prospective rules overriding those provincial solemnization rules. Under Quebec law (Civil Code and antecedent statutes and recognized canonical decrees) a marriage between two Roman Catholics is void unless contracted in accordance with Catholic requirements (i.e. generally before a Roman Catholic priest), whereas a...

Citation: (1912) 46 SCR 132
Parties: Promoter: Promoters of Bill No.3 (Private petitioners); Opponent: Opponents of Dominion jurisdiction; Referring Party / Federal Government: Attorney-General of Canada (represented); Intervenor / Provincial Government: Attorney-General of Quebec (represented); Intervenor / Provincial Government: Attorney-General of Ontario (represented)
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 17 June 1912
Procedural Posture: Reference by Governor General in Council / Hearing for Advisory Opinion (section 60 Supreme Court Act)
Outcome: Reference answered: majority hold Parliament lacks authority to enact Bill No.3; Quebec law does not render mixed marriages void; marriages between two Catholics are void unless contracted before Roman Catholic priest (subject to civil-code and canonical exceptions)
Legal Topics: Division of Powers Between Federal and Provincial Governments, Marriage and Divorce Jurisdiction, Solemnization of Marriage, Civil Status and Registries, Retrospective Validating Legislation
Source Language: English

Constitutional Law Family Law Private International Law Division of Powers Between Federal and Provincial Governments Marriage and Divorce Jurisdiction Solemnization of Marriage Civil Status and Registries Retrospective Validating Legislation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1

Parties

Promoters of Bill No.3 (Private petitioners)

Promoter

Opponents of Dominion jurisdiction

Opponent

Attorney-General of Canada (represented)

Referring Party / Federal Government

Attorney-General of Quebec (represented)

Intervenor / Provincial Government

Attorney-General of Ontario (represented)

Intervenor / Provincial Government

Procedural Posture

Reference by Governor General in Council / Hearing for Advisory Opinion (section 60 Supreme Court Act)

Legal Issues

1 Whether Parliament of Canada may enact Bill No.3 amending the Marriage Act to validate marriages performed by persons authorized by local law regardless of religion
2 Whether Quebec law renders marriages between two Roman Catholics null unless solemnized before a Roman Catholic priest
3 Whether Quebec law renders a mixed marriage (one Catholic party) void unless solemnized before a Roman Catholic priest

Ratio Decidendi

Court Disposition

Reference answered: majority hold Parliament lacks authority to enact Bill No.3; Quebec law does not render mixed marriages void; marriages between two Catholics are void unless contracted before Roman Catholic priest (subject to civil-code and canonical exceptions)

Orders

Question 1 (Parliament authority to enact Bill No.3): No — Parliament has no authority to enact Bill No.3 as drafted
Question 2(a) (Quebec law: two Roman Catholics): Yes — such marriages are void unless contracted before a Roman Catholic priest (subject to civil code exceptions and dispensations)