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Given the Supreme Court ruling, the role of precedent in Canadian law, and the overall legal climate, it was very likely that any challenges to legalize same-sex marriage in the remaining four jurisdictions would be successful as well.
The Court agreed with the lower court that the traditional definition of marriage was discriminatory and that same-sex marriage was legally permitted. The Federal Liberal Government had appealed the trial decisions to the provincial courts of appeal, but following the decision on the Ontario Court of Appeal, Prime Minister Chrétien announced on June 17, 2003 that the Federal Government would not seek to appeal the decisions to the Supreme Court.Given the composition of the House of Commons at the time, such a measure would have been very unlikely to pass. As a result, rights varied somewhat from province to province.Conservative Alberta Premier Ralph Klein proposed putting the question to the public at large via a national referendum, In 1999, the Supreme Court of Canada ruled in M. On January 14, 2001, Reverend Brent Hawkes forced the issue by performing two same-sex marriages, taking advantage of the fact that Ontario law authorizes him to perform marriages without a previous license, via the issuance of banns of marriage.According to the Constitution of Canada, the definition of marriage is the exclusive responsibility of the Federal Government; this interpretation was upheld by a December 9, 2004 opinion of the Supreme Court of Canada (Re Same-Sex Marriage).Until July 20, 2005, the Federal Government had not yet passed a law redefining marriage to conform to recent court decisions.