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CP News, Dec. 7, 2001 (www.canoe.ca/CNEWSTopNews) QUEBEC TO BE SECOND PROVINCE TO RECOGNIZE SAME-SEX UNIONS AFTER NOVA SCOTIAQUEBEC (CP) -- Quebec is set to become the second province, after Nova Scotia, to recognize civil unions for gay and lesbian couples. Gay couples could have their union formally recognized by judges or consenting pastors under the draft legislation introduced Friday. The proposed civil-union status would offer most of the legal benefits of marriage, including division of assets after a breakup, the right to see a partner's medical records, and automatic status as a beneficiary when a partner dies. "We're aiming to erase the discrimination that exists in our laws and guarantee that same-sex couples have the same rights as others," Quebec Justice Minister Paul Begin said. "In our society, the rights and freedoms of people must be respected. Everyone must be equal." However, homosexuals still wouldn't be able to marry because matrimony falls under federal jurisdiction. Also, the draft bill doesn't allow for adoption by homosexual couples. The legislation should be adopted next spring after public hearings in January, said Begin. Nova Scotia passed a similar bill in June. But unlike Quebec, gay couples can adopt in Nova Scotia, British Columbia, Ontario and Alberta. In Quebec, same-sex adoptions could still be added to the legislation if they receive widespread support during the hearings, Begin added. The draft bill could have gone further but it's still more progressive than 95 per cent of other places in the world, he said. Begin said an independent Quebec would have even more progressive legislation. "We would be proposing marriage," he said. "We could wait 10 years for the Supreme Court to declare that marriage laws are discriminatory. Or we could do it right away if we had sovereignty in five years, maybe." Civil unions also would include the rights that have been granted to same-sex Quebec couples since 1999, including health, tax and insurancebenefits. However, gay-rights advocates had a lukewarm response to the draft bill. "If we don't get parenting rights we will be back in courts," said Irene Demczuk, co-ordinator for a same-sex advocacy coalition in Montreal. "Without those rights, these would really be second-class marriages," Demczuk said. "Parental recognition is not a minor thing. What this means is if a couple separates, one parent doesn't necessarily have visiting rights. "That's not fair to a child." Under the draft bill, one member of the same-sex civil union could still adopt a child --but not both, Begin said. Currently in Quebec, one partner of a same-sex couple can adopt a child or both partners can bring into the relationship children from previous heterosexual relationships. Demczuk said the current legislation would allow only one parent to act as a legal guardian, meaning the other parent couldn't represent the child in legal matters or school functions. Begin noted that Quebecers massively favoured most gay rights but were less enthusiastic about homosexual adoption. He cited a June survey in which 75.6 per cent of Quebec respondents said they favoured same-sex marriages. Only 54 per cent said they supported adoption by homosexual couples. Source: Adoption Council of Canada, www.adoption.ca |
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