The government did not make a U-turn. Here is what the CTV article reports:
The gov't has made a U-turn apparently. No longer will those marriages be null & void.
Non-resident couples who marry here must live in Canada for one year before they can legally divorce. The lesbian couple at the centre of the controversy has launched a constitutional challenge of that provision in the Ontario Superior Court of Justice.
Nicholson said he will be "looking at options to clarify the law so that marriages performed in Canada can be undone in Canada."
But from our perspective, that is the heart of the problem. We allow these foreigners to marry under Canadian law but then impose a residency requirement if they choose to divorce here.
I don't think anyone has been complaining about the residency requirements for divorce.
These two women have no legal way to divorce and the justice lawyer was correct to raise this point.
This case poses a serious legal problem. We have two women who are legally married under Canadian law but who are unable to obtain a divorce anywhere. They don't meet Canadian residency requirements for divorce here and neither lives in a jurisdiction that recognizes same-sex marriage so they cannot obtain a divorce in Florida or England.
If Nicholson changes the divorce residency requirement for same-sex couples who marry in Canada, then presumably the same change would apply to different sex couples. IOW, couples could shop around for the best jurisdiction for a divorce and have their lawyer file on their behalf.
Edited by August1991, 12 January 2012 - 08:05 PM.