In today’s follow up to yesterday’s attempt at explaining why the recently publicized Ontario same-sex divorce case isn’t as apocalyptic as politicians and some media commentators have suggested, I will attempt to counter two thought-provoking arguments arising from this conflicts-of-laws imbroglio:
- If Canada’s “dual domicile” rules for recognizing the essential validity of a marriage deny the recognition of same-sex marriages in favour of international comity, those rules should be changed to reflect Canada’s position on same-sex marriage regardless of foreign law.
- The Charter of Rights and Freedoms should override principles of international comity to recognize same sex marriages otherwise invalid because of foreign laws. (more…)
