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Canada expected to fill gay marriage ‘gap’ today

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  1. jamestoronto 17 Feb 2012, 6:26pm

    The CBC webpage states: “The bill, called an act to amend the Civil Marriage Act, says it establishes a “new divorce process that allows a Canadian court to grant a divorce to non-resident spouses who reside in a state where a divorce cannot be granted to them because that state does not recognize the validity of their marriage.”

    The amendments would allow a court in the province where the marriage was performed to grant a divorce if there has been a breakdown of the marriage as “established by the spouses having lived separate and apart” for at least one year before a divorce is requested.

    The divorce would only be granted if neither spouse lives in Canada at the time the divorce is requested, by one, or both individuals.

    The bill introduced Friday makes no proposed amendments to the Divorce Act, and the measures only apply to non-residents.”

    It goes on further to state issues such as custody of children and property division would have to be settled outside Canada.

  2. Paddyswurds 17 Feb 2012, 9:45pm

    @Stephen Gray…

  3. the whole thing is due to the Canadian divorce rule, as mentioned in the article, that one half of the couple must reside in Canada for a year before divorce proceedings can be started.

    Nothing, at any time, ever placed foreign nationals’ marriages in jeopardy. The lawyer in question spoke completely out of turn and had no idea what the hell he was saying.

    Of course there is no proviso in the legislation that granted marriage equality. It was a law made for Canadians, who already reside in Canada. So if anyone got married in Canada, it was assumed – not without reason – that they would be Canadian residents.

    The Civil Marriage act and the Divorce Act are two completely separate things. So yeah, it was normal for those who drafted the initial marriage equality legislation to no take into consideration foreign nationals wanting to marry.. AND THEN DIVORCE in Canada.

    This entire story has been completely blown out of proportion by the gay media.

    1. jamestoronto 17 Feb 2012, 11:59pm

      I agree. A minor loophole that may have existed ends up headlined into 5000 or so marriages of non-residents at stake. A minor amendment doesn’t make much of a splash on the news. And really, the problem wasn’t with the Civil Marriage Act. It is with the Divorce Act.

  4. The honorable human rights officials who have made history for human rights and constiutional rights , must continue in each state and each country, to uproot all evil racism and bigotry, crimes against haminty and human rights violations, men like governor christy in new jersy has violated the h;uman rights of a whole state and he must be reprimanded and removed, Glaad , Emilisys list must put out a name list of gay women officials that will run for governors office in new jersery, This man is a national shame and disaster on the civil rights movements and human rights foundations, a disgrace to humanity, he must not be allowed to run for any other office as well , he is a dangerous abuser of the people, and to citizens families in all of the nations, all men and women like him must be removed, there are good and honorable candidates that are able to help take this nation in a positve directions for equality and and goodwill to all families, into a better foundation,

  5. Hell no, Fathers do not have any rights to sexullly violate children , nor to rape women, they dont even have the right to rape their own wives, , violance, sexual or physical assault is evil wrong and a crime, pedephilia is a crime, stalking women and chldren is a crime, pimps are high crimes, they are pedaphiles and predators preying on children an women for dangerous sex satanic evils, hell , no this is not a game the rest of the world wants to play, they do not want dangerous men who are murdering and raping women and children every day, in their bedrooms nor in the company of their famiies, hell, no men now adays are not even men just thugs wearing pants, gangsters and abusers, no hell no you dont have any right to abuse others, no a one, sexual harrasment is a crime, if people do not want you around them botheiring them you are comititng a crime if you keep bothering them for sex or harrasment, period, all the men want to be around women an children for is perveted dangerous sex

  6. You continue to move forward in righting the wrongs of this nations abuses against civizines, and make sure that all states and nations, and countries no that you will not tolerarte racism and bigotry and you will keep comming at them with your sleeves rolled up and and your boots on, with your hamers an chizels in your hands all over theins natins and land, taking down the malice and wrong doing of others, keeping others from being peaceful sisters an brothers, treating other fair everywhere, must be the foundation, and those who elect to violate the human rights of others, must be taken out and down, oout of those seats, and honorable civil rights people and human righst people instated, major over haul must take place the good politician , stated in their message today, Religious organizations will not be an escuse to commit crimes of humanity against others, and to act unlawfully among are at others, because they are not above the law , neither, are poiticians, and they must hear

  7. Relationships are people who like each other the same and are wanting to be together , not one person a lunatic stalking another, that dont even no him or her and the other a sycho and no that the other person do not like them and because they are insane call it a false relationship anyway , its only in the warped individuals mind, because the other person wil not have anything to do with the creep that they dont like, they are in consenting love affair, its take all people are both people in consenting love respectful liasons to have a real relationship, stop being delusional, get real, if you cannot walk up to the person you are tripping over, an they allow you to go to the movies and hang out with them and hold their hands and tell others when seen a mean it yes this is my friend , my lady or man or partner, jack you dont have a real relationship with that individual, its only in your head , where you had bettter keep it , or she or hel will have you arrested for stalking

    1. jamestoronto 18 Feb 2012, 10:43pm

      What does any of this have anything yo do with the actual news item.

  8. hetersexual men are not toys nor prizes most want anyway, their dangerous, and poinson, they tear up evey familiy thier in they abuse society, and everyting they come in contact with, you cannot afford to allow them to be too close physically if you do no no them , because the are toxic time bomb, you cant trust on any given day, they have been murdering their own wives and and children and rapping them, so how the hell are

    1. who is this crazy person?

      1. Paddyswurds 19 Feb 2012, 1:00pm

        She does this when she gets drunk or high. We just ignore it and move on. It is very likely she is suffering from Bo-Polar or some such and is mixing alcohol with her meds. It also seems likely she has had a problem with a possibly hetro man. How she found this site …who knows.

        1. Paddyswurds 19 Feb 2012, 1:06pm

          I think I just figured out what she is doing. She is writing it in possibly Spanish or Portuguese and then using a translator which is making a hames of whatever she is trying to say…. Whaddya think??

    2. jamestoronto 18 Feb 2012, 10:45pm

      Have you heard the phrase “staying on topic”?

    3. GingerlyColors 19 Feb 2012, 2:11am

      Good grief! What a rant!

  9. A confusing report.

    The “gap” which supposedly cast doubt on same-sex marriages for non-residents never existed outside the imagination of one lawyer.

    A “divorce gap” certainly did exist, and will continue to be common outside Canada. To prevent “divorce shopping”, courts can often only grant divorces to residents. (Otherwise petitioners could take divorces to whichever country’s courts they thought would give them the best deal; UK courts, for example, tend to be a better option for the poorer party than many US states.)

    Marriage equality – and inequality – has created “divorce exiles” whose marriages can’t be dissolved. Lawyers and activists have warned about this since the first same-sex marriages.

    Most courts do not make special provision for people in this situation – California, and now Canada, are rare exceptions.

    Couples living in a non-equality jurisdiction (or who might be in the future) should do their research and think hard before getting married except in Canada.

    1. thank-you.

    2. jamestoronto 18 Feb 2012, 6:34pm

      The amendment only covers the dissolution of the marriage in these unique cases. Non-residents who marry in Canada but reside elsewhere, especially non-equality jurisdictions, may be advised to also make some legal arrangements for such things as child custody, support, division of property in compliance with their own civil law where they actually live in the event of a divorce. None of these are (nor can they be) covered by Canadian statute as they are within another sovereign jurisdiction.

  10. GingerlyColors 19 Feb 2012, 2:09am

    Canada is one of the most desirable countries in the world to live and thanks to it’s progressive legislation this is one country where it does get better. It would be nice if that lot south of the 49th Parallel would stop faffing about with state laws and constitutions and toe the line. I look forward to the day when every nation between Canada and Argentina takes gay issues seriously, finally fulfilling the dreams of the founding fathers of the New World.

    1. Robert in S. Kensington 19 Feb 2012, 4:41pm

      Indeed, If not the most desirable country for gay people in the English speaking world. I doubt if we’ll see much movement in the U.S. or Latin America. I think the old world (Europe) will remain the leader and continue legalising it a lot faster than elsewhere.

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