An Ontario Superior Court judge has taken the novel step of granting a divorce to a same-sex couple over legal objections from the federal Crown.
Madam Justice Ruth Mesbur ruled that same-sex civil partnerships from foreign countries that don’t permit same-sex marriages can nonetheless qualify as marriages under Canadian law.
It was the second time in the past year that the federal government has adopted a restrictive position on same-sex marriages.
In an interview Friday, one of the ex-spouses, Wayne Hincks, expressed anger that the federal Crown strung out a costly, emotional process by injecting itself into the case.
“The Attorney-General of Canada intervened in my very private matter and caused it to be stretched out, almost bankrupting me in the process,” Mr. Hincks said. “I eventually had to leave Toronto with no protections, no financial support to acquire my rights and no social network to rely on for personal support.”
The divorcing couple both have Canadian citizenship. They moved to Toronto in 2010, a year after their civil ceremony took place in London, England.
Britain does not permit same-sex couples to marry. Instead, it has a separate legal regime for same-sex couples that involves a civil partnership ceremony.
— “Ontario court grants same-sex divorce”, The Globe and Mail
