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Laws

Canada

QUEBEC

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
Inheritance
In Vitro Fertilisation (IVF)
Marriage
Parenting
  Partners
Property
Sodomy
Transgender, Transsexual
Violence
Wrongful Death

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Adoption of Children Legislation/Cases/References
1.

Province

In June 2002, the Quebec legislature voted to approve Bill 84, which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.1].

Civil-union status will 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.

The bill also allows for adoption by homosexual couples.

The law was expected come into effect in July 2002 [R1.1].

R1.1 Canadian Press: "Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On" 07 JUN 02
Discrimination Legislation/Cases/References
1.

Province

In 1977, the province became the first jurisdiction in Canada to prohibit discrimination on the basis of sexual orientation with the passing of its Charter of Human Rights and Freedoms [R1.1].

R1.1 MetroNews: Canadian milestones 17 MAY 11
Harassment Legislation/Cases/References
(see also DISCRIMINATION)
1.

Courts & Tribunals

In April 2002, a commission ordered neighbours who harassed a gay Montreal couple to pay the men a combined $36,000 [R1.1].

R1.1 Gay.com UK: "Neighbours Ordered To Pay After Harassing Gay Couple" 07 APR 02
Homosexuality, Sodomy Legislation/Cases/References
1.

Province

In 1998, the Court of Appeal struck down a provision of Canada's penal code that forbids sodomy before age 18 while allowing other sexual practices at age fourteen. The court said the ban violates the national Charter of rights and Freedoms and discriminates against young gays. The ruling is binding only in Quebec [R1.1].

R1.1 Melbourne Star Observer: "Canadian Sodomy Statute Struck Down" 01 MAY 98
Inheritance Legislation/Cases/References
(see also PARTNERS, PROPERTY)
1.

Courts & Tribunals

In March 2002, the Quebec Court of Appeal ruled that the Quebec Pension plan discriminated against four Quebec gay surviving spouses in a suit over the date when partners are eligible to receive Widows Pensions from the government [R1.1].

R1.1 Yahoo! News: "Gay 'Widows' Win Pensions Suit" 07 MAR 02
Marriage Legislation/Cases/References
(see also PARTNERS)
1.

Province

In 2002, Quebec passed Bill 84 which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.1].

The law was expected to come into effect in July 2002.

The minimum age of those who wish to be joined in a civil union--either same-sex or opposite-sex--has been set at 18, whilst, the minimum age for opposite-sex traditional marriage is 16 [R1.2].

Quebec couples who opt for a civil union may divorce simply by signing an agreement before a notary public, provided there are no children involved [R1.2].

2.

Courts & Tribunals

In March 2004, the Quebec Court of Appeal upheld a lower court ruling that declared it unconstitutional to discriminate against same-sex couples when it comes to marriage rights [R2.1].

The ruling upheld the earlier Quebec Superior Court ruling of Justice Louise Lemelin [C2] that found denying gays and lesbians the right to marry was a violation of Canada's Charter of Rights and Freedoms [R2.2].


In October 1998, Canada's first challenge to the constitutionality and legality of the Quebec Civil Code of 1994, the right to same-sex marriage was set to be heard shortly in the Superior Court [R2.3].

C2 Hendricks c. Procureur Général du Québec
R1.1 Canadian Press: "Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On" 07 JUN 02
R1.2 The Advocate: "Civil unions bill passes in Quebec" 06 JUN 02
R2.1 B News: Canadian Ruling 25 MAR 04
R2.2 Canadian Press: Definition of Marriage Discriminatory 07 SEP 02
R2.3 GayLawNet: "Canadian "Marriage" Challenge" 26 OCT 98
Partners Legislation/Cases/References
1.

Province

In September 2002, the Montreal presbytery of the United Church of Canada gave its ministers and congregations the go-ahead to perform civil-union ceremonies for same-sex couples [R1.1].


In June 2002, the Quebec legislature voted to approve Bill 84, which recognized same-sex couples' rights to adopt, raise children, and to share a marriage-like status called a civil union [R1.2].

Civil-union status will 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.

The bill also allows for adoption by homosexual couples.

The law was expected come into effect in July 2002 [R1.2].


In April 2002, a draft bill was unveiled in the legislature and was expected to be adopted by the end of the current session. The law would give same-sex couples the same rights and obligations as married heterosexual couples, including adoption and artificial insemination [R1.3].


In December 2001, draft legislation to create a Partnership Union Registry was tabled [R1.4].


In November 2001, the government announced legislation to create a gay and lesbian partnership registry [R1.5].


In June 1999, the Quebec government has adopted Law 21, that gives homosexual couples the same rights as common-law pairs. It meant same-sex couples have the right to the same social benefits, tax deductions and survivors' benefits as heterosexual couples [R1.6].

R1.1 Canadian Press: "Church Says 'Oui' to Gay Weddings" 13 SEP 02
R1.2 Canadian Press: "Quebec Adopts Same-sex Union and Parental Rights with Supporters Looking On" 07 JUN 02
R1.3 Reuters: "Quebec Set to Recognize Same-sex Unions" 27 APR 02
R1.4 365Gay.Com: "Partnership Union Plan Divides Quebec Gays" 08 DEC 01
Associated Press: "Quebec to Be Second Province to Recognize Same-Sex Unions After Nova Scotia" 07 DEC 01
R1.5 Melbourne Star: "Partnerships in Quebec" 15 NOV 01
R1.6 Canadian Press: "Quebec Law Recognizes Same-sex Couples" 11 JUN 99
Property Legislation/Cases/References
(see also INHERITANCE)
1.

Province

In July 2002, the Province had legislation requiring the division of property accumulated during a relationship if a couple splits [R1.1].

R1.1 Winnipeg Sun: "NDP Backs Gay Couples" 18 JUL 02
Transgender, Transexual Legislation/Cases/References
1.

Province

In June 2000, the Supreme Court of Canada denied the application of a Quebec region lawyer to add a feminine name to his existing masculine names, even though he regularly dresses as a woman and is considering a sex-change operation [R1.1].


In April 1999, a court ruled in favour of a transsexual's lawsuit, winning him a new birth certificate and established new criteria for identification revisions [R1.2].

R1.1 Journal de Quebec: "No Feminine Name for Lawyer Montreuil" 23 JUN 00
R1.2 Brother Sister: "Tranny Wins Lawsuit" 15 APR 99