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Laws

Canada

SASKATCHEWAN

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
Gender Identity
Harassment
Hate Crimes
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Inheritance
In Vitro Fertilisation (IVF)
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Parenting
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Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
See also: [INHERITANCE] [MARRIAGE] [PROPERTY]
1.

Province

In May 2001, the government announced it was amending 24 acts to give unmarried, opposite and same-sex couples the same legal rights as married couples, bringing provincial laws in line with a 1999 Supreme Court of Canada ruling [R1.1].

2.

Courts & Tribunals

In November 2008, a Canadian marriage commissioner who was fined $2,500 (AUS $3,086) for refusing to marry a gay couple is suing the government of the province [R2.1].

R1.1 Canadian Press: Manitoba, Saskatchewan Increase Gay Rights in Line with 1999 Supreme Court Ruling 30 MAY 01
R2.1 MCV: Canadian Celebrant Sues Over Gay Wedding 04 DEC 08
Discrimination Legislation/Cases/References
See also: [MARRIAGE]
1.

Courts & Tribunals

In May 2010, the Court of Appeal heard submissions on government initiatives that would permit marriage commissioners to refuse to marry same-sex couples [R1.1].

R1.1 PinkPaper.com: Saskatchewan mulls letting marriage celebrants reject gays 19 MAY 10
Hate Crimes Legislation/Cases/References
1.

Province

In December 2011, the Supreme Court of Canada was deciding a case of a Saskatchewan man found guilty under the province's human rights law of distributing anti-gay flyers, and ordered to pay the complainants $17,500 for promoting hatred against homosexuals [C1.5], C1.4], [C1.3], [R1.2].

In February 2003, the Court of Queen's Bench upheld a 2001 Human Rights Board of Inquiry ruling that certain passages of the Bible can be construed as hate literature if placed in a particular context [R1.1].

Under Saskatchewan's Human Rights Code, the resondent was found guilty along with the newspaper, the Saskatoon StarPhoenix, of inciting hatred (in an advertisement) and was forced to pay damages of $1,500 to each of the three homosexual men who filed the complaint [R1.1].

C1.5 Supreme Court of Canada: Saskatchewan Human Rights Commission v. William Whatcott Case No. 33676, 28 OCT 10
C1.4 Court of Appeal for Saskatchewan: Saskatchewan Human Rights Commission v. William Whatcott No 1566, 2010 SKCA 26 PDF 465.30kb, 25 FEB 10
C1.3 Saskatchewan Human Rights Commission: In the Matter of the Saskatchewan Human Rights Code and a complaint by Brendan Wallace et al 02 MAY 05
R1.2 TheStar: Ottawa to toughen 'hate crimes' law 05 DEC 11
R1.1 WorldNetDaily.com: Bible Verses Regarded as Hate Literature 18 FEB 03
Marriage Legislation/Cases/References
1.

Province

In 2004, the Province had legalized same-sex marriages [R1.1].

2.

Courts & Tribunals

On 10 January 2011, five judges sitting in the Court of Appeal decided that proposed legislation allowing provincial marriage commissioners to refuse to perform same-sex weddings on religious grounds violates the constitution. Justice Minister Don Morgan said the government will review the decision but added he did not think he would appeal. Because it is a reference case, the Court of Appeal's judgment isn't legally binding [C2.3], [R2.3].

Previously:

In May 2010, the Court of Appeal heard submissions on government initiatives that would permit marriage commissioners to refuse to marry same-sex couples [R2.2].

In December 2008, a Canadian marriage commissioner who was fined $2,500 (AUD $3,086) for refusing to marry a gay couple was suing the government [R2.1].

R1.1 CBCnews.ca: Newfoundland Legalizes Same-sex Marriage 21 DEC 04
C2.3 Law Society: In the Matter of Marriage Commissioners Appointed Under The Marriage Act, 1995, S.S. 1995, c. M-4.1 2011 SKCA 3, PDF 240.46kb, 10 JAN 11
R2.3 Sympatico.ca: Court: Refusing same-sex marriage violates constitution 10 JAN 11
R2.2 PinkPaper.com: Saskatchewan mulls letting marriage celebrants reject gays 19 MAY 10
R2.1 MCV: Canadian Celebrant Sues Over Gay Wedding 04 DEC 08
Parenting: Adoption, Fostering Legislation/Cases/References
1.

Province

In May 2001, as a result of proposed changes to the law, same-sex and common-law couples in Saskatchewan were able to apply to adopt the children of their partners [R1.1].

Since 1990, Saskatchewan law has allowed same-sex couples to jointly adopt children [R1.2].

2.

Courts & Tribunals

On 30 August 2011, Judge Jacelyn Ann Ryan-Froslie in the Queen's Bench for Saskatchewan Court ruled that a male same-sex couple have the right to remove the name of the woman who carried their child from their daughter's birth certificate and to list John as their child's father and Bill as an "other parent" [C2.2], [R2.1].

R1.1 Canadian Press: Manitoba, Saskatchewan Increase Gay Rights in Line with 1999 Supreme Court Ruling 30 MAY 01
R1.2 The Ottawa Citizen: Children's Aid Society Seeks Gay Foster parents 20 OCT 02
C2.2 CanLII: WJQM ("John") and LJE ("Bill") and AMA ("Mary") and Jane Dow PDF 24.98kb, 30 AUG 11
R2.1 CBC News: Gay couple wins right to amend child's birth record 10 SEP 11
Property Legislation/Cases/References
See also: [INHERITANCE]
1.

Province

In 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