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The bill, C-32, would ensure all forms of consensual sexual activity are treated equally under the law.
Between 20, courts in several provinces and one territory ruled that restricting marriage to opposite-sex couples constitutes a form of discrimination that is prohibited by Section 15 of the Charter of Rights and Freedoms, and struck down the federal definition, requiring that those jurisdictions register same-sex marriages.
These exceptions do not apply if a third person is present, or if the anal intercourse takes place anywhere but in private. 159 to be unconstitutional as violations of the equality provision of the Canadian Charter of Rights and Freedoms.
Canada, the Supreme Court of Canada recognized that sexual orientation was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination.Same-sex adoption has also been legal in all provinces and territories under varying rules.Discrimination on the basis of sexual orientation and gender identity or expression in employment, housing and public and private accommodations is banned nationwide.In any case, the five-year exemption period expired in 2005.The notwithstanding clause has never been used by the Federal Government; it is generally believed that this is because it would constitute a politically embarrassing admission that the law in question violated human rights."On December 7, 2006, members of the House of Commons voted down a Conservative motion to reopen the debate on the definition of marriage.