Same Sex Marriage - Beyond Notwithstanding
...there's disallowance

Richmond Hill, Ontario - Monday, November 13, 2006 - by: Robert Ede

Not mentioned in Andrew Chung's article of November 12, 2006, in The Toronto Star, Revisiting same-sex marriage ,(pdf) remains another Constitutional remedy to explore for

  1. those opposed to Canada's new/first definition of Marriage
  2. for all Canadians (irrespective of their view on this specific issue) who believe an error at law cannot stand unchallenged.

The BNA/Constitution Act 1867 contains section 56, captioned Disallowance by Order in Council of Acts assented to by Governor General which describes the last stage of final approval of every Bill of a Canadian Parliament.

Notwithstanding the changes made in 1982, this provision is still valid and in full effect, in the very same way as section 26 (captioned Addition of Senators in certain cases) was used by Prime Minister Mulroney to add the "GST Senators" - once everyone checked the 'rule book', they had to stop being outraged.

The two year time-frame of the Disallowance power means Royal termination of the Marriage for Civil Purposes Act can occur any time before July 20, 2007.

So be of good cheer, remembering that no matter the game, knowing the rules is always a good idea.


The Queen, as an individual, holds this power, i.e without HRH being compelled to follow the advice of Her Privy Council (who removed themselves from influence over Canada with their own Canada Act 1982, (U.K.) 1982, c. 11 )

Ede, Robert, HomoSex Marriage Act Saves Canada or, How I stopped worrying and learned to love the Constitution. December 16, 2006, Walk a Kb or two in my Mocassins

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