Senators of the 38th Canadian Parliament and same-sex marriage

The Civil Marriage Act was approved by the Canadian House of Commons on third reading on June 28 2005 (see Members of the 38th Canadian Parliament and same-[...] marriage). It then proceeded to the Canadian Senate where it was debated. The bill was debated on second reading in the Senate from July 4 to July 6 2005 and then sent to committee. Third reading debate occurred on July 19 2005 concluding in a vote that passed the bill which went on to receive royal assent on July 20 2005.

Senate

 

Group

For

Against

Abstained

Absent

Total

Liberals

41

5

2

14

62

Conservatives

1

15

1

5

22

Independents

2

1

0

2

5

Progressive Conservatives

2

0

0

3

5

Independent NDP

1

0

0

0

1

Totals

47

21

3

24

95

  • For the purposes of this table, the Speaker of the Senate, who did not vote, is counted as an absentee since the official Senate tabulation does not list him as an abstainer.

Liberals

Name

2nd Reading

3rd Reading

Province

Willie Adams

Absent

Absent

Nunavut

ActWin.com lists Adams as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay".

Jack Austin

Absent

Yes

British Columbia

Austin is the leader of the government in the Senate and a member of cabinet and will be expected to vote with the government. In addition, ActWin.com lists Austin as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". During the deabate on second reading, Austin was the second Senator to speak in favour of the bill.

Lise Bacon

Yes

Yes

Quebec

George Baker

Yes

Yes

Newfoundland and Labrador

Voted against Bill C-33 (1996), however, voted in favour of Bill C-38 on second reading.

Tommy Banks

No

No

Alberta

Voted against Bill C-250 (2003). Real Women of Canada stated on its website he was one of a few senators along with Anne Cools to stall the bill as much as possible so that it wouldn't enter committee.

Michel Biron

Yes

Yes

Quebec

John G. Bryden

Yes

Yes

New Brunswick

ActWin.com lists Bryden as voting positively on 2 previous gay-related bills. He received an A+ rating, which the site deems as: "extremely pro-gay". Therefore, his likely vote is "YES".

Catherine Callbeck

Yes

Yes

Prince Edward Island

Sharon Carstairs

Absent

Absent

Manitoba

ActWin.com lists Carstairs as voting positively on 2 previous gay-related bills. Carstairs is listed as seconder of the bill in the Senate.
July 05th, 2005: She defended the Deputy Leader of the Government's time allocation motion to limit debate since the opposition could not reach an agreement how much time would be allotted to C-38 before entering committee.
July 06th, 2005: "Let's try the same on the prohibited grounds of race, national or ethnic origin. ... Maybe we could say the following: `Notwithstanding the superiority of the white race as ordained by God and illustrated by his divine wisdom in separating the races into different continents, non-white persons for the purposes of civil law shall be considered equal to white persons." "I often wondered what I would do if one of my daughters had come to me and said: `Mom, I have chosen a partner and the partner I have chosen is of the same gender." "How can I, who have had the glorious pleasure of 39 years of that experience, deny it to any other person?"

Maria Chaput

Yes

Yes

Manitoba

Says she will vote in favour of same-[...] marriage

Ione Christensen

Yes

Yes

Yukon

Joan Cook

Yes

Yes

Newfoundland and Labrador

ActWin.com lists Cook as voting positively on 2 previous gay-related bills. She received an A+ rating, which the site deems as: "extremely pro-gay". Likely to vote in favour.

Eymard Corbin

Abstained

Abstained

New Brunswick

Jane Cordy

Yes

Yes

Nova Scotia

Jim Cowan

Yes

Absent

Nova Scotia

Joseph A. Day

Yes

Absent

New Brunswick

Roméo Dallaire

Absent

Yes

Quebec

Indicated his support of SSM in Globe and Mail interview the day after his appointment.
July 05th, 2005: Criticized Senator Anne C. Cools' speech. "We cannot use the terms "dictatorship" and "Parliament" in the same sentence. That cannot exist. It is impossible. We are in an institution that reflects the democratic history of a country. The Liberal Party was elected and the Liberal Party has a leader who becomes the Prime Minister. It is up to the Prime Minister to take decisions such as appointing Senators. It is an extension of the democratic process. I do not see the urgent need to call an election when valuable and pertinent work is being done

Pierre de Bané

Absent

Absent

Quebec

Percy Downe

Absent

Yes

Prince Edward Island

Art Eggleton

Yes

Yes

Ontario

Joyce Fairbairn

Absent

Yes

Alberta

Marisa Ferretti Barth

Absent

Absent

Quebec

Said she would vote against.

D. Ross Fitzpatrick

Yes

Yes

British Columbia

Joan Fraser

Yes

Absent

Quebec

April 01st, 2004: While debating C-250, Fraser made a speech: "I cannot possibly support an amendment that deletes the reference to [...] orientation — that is what this bill is all about. It is about coming to the public, official, formal, solemn defence of an extremely vulnerable minority. We have supported this bill at second reading and in committee. I personally support it strongly. I want it on the record that when — I hope before too long — this chamber, in a second bill, is asked to include [...] as one of the grounds in this same portion of the Criminal Code, I will gladly support that."
July 05th, 2005: "In my view, six hours of debate is a long debate. The motion now before us proposes six hours of debate. That length of time allows for 24 speakers, plus the five we have already heard, which makes 29. How many bills on second reading are addressed by 29 speakers in this chamber?"

George Furey

Absent

Yes

Newfoundland and Labrador

Aurélien Gill

Absent

Absent

Quebec

Jerry Grafstein

Yes

Yes

Ontario

Mac Harb

Yes

Yes

Ontario

Harb Supported SSM as an MP, according to marriagevote.ca

Daniel Hays

Did not vote

Did not vote

Alberta

Hays is speaker of the Senate. Unlike the House speaker, he is entitled to vote regardless of whether or not there is a tie, and is free to vote by his conscience rather than by convention, although this power is rarely used.

Céline Hervieux-Payette

Abstained

No

Quebec

Elizabeth Hubley

Yes

Yes

Prince Edward Island

Mobina Jaffer

Absent

Yes

British Columbia

Serge Joyal

Yes

Yes

Quebec

Wrote letter in support of C-38. Copy on his website.
July 4 2005: Joyal opened the second reading debate arguing in favour of the bill and is listed as Bill C-38's mover in the Senate. Says that "Bill C-38 is about restoring full human dignity to a minority that has long been the object of persecution, marginalization and outrage. It is an issue of minority rights." Says that the Senate was in fact structured to provide for the protection of minorities.

Colin Kenny

Absent

Yes

Ontario

Michael Kirby

Absent

Absent

Nova Scotia

Jean Lapointe

Yes

Absent

Quebec

July 05th, 2005: Was one of a few senators that said "no" to allowing Conservative Senator Anne C. Cools an extension of time during 2nd reading debate. Also voted on the motion that passed, which limited debate to six hours in 2nd reading.

Raymond Lavigne

Yes

Absent

Quebec

Rose-Marie Losier-Cool

Absent

Yes

New Brunsick

Shirley Maheu

Yes

Yes

Quebec

April 21st: Stated in the Senate that "the passage of the Civil Marriage Act will honour 20 years of positive growth of some human rights achieved by way of section 15 of our charter."

Frank Mahovlich

Yes

Yes

Ontario

July 05th, 2005: "Mahovlich responded to Senator Tkachuk saying he misinterpreted Senator Joyal, when Joyal said the Minister of Justice could make comments and answer questions at the committee, via videoconferencing while in France before Friday due to his schedule in France. Tkachuk says it is a ploy to get the bill out of 2nd reading by that time.

Paul J. Massicotte

Absent

Yes

Quebec

Terry M. Mercer

Yes

Yes

Nova Scotia

Mentioned SSM in a list of measures he is proud of: Hansard, February 12, 2004.
April: Confirmed once again he will support.

Pana Merchant

Absent

No

Saskatchewan

Voted against Bill C-250

Lorna Milne

Yes

Yes

Ontario

Grant Mitchell

Yes

Yes

Alberta

Wilfred P. Moore

Absent

Abstained

Nova Scotia

Senator Moore indicated he would have voted against the bill had he not abstained due to pairing.

Jim Munson

Absent

Yes

Ontario

Landon Pearson

Yes

Yes

Ontario

Lucie Pépin

Yes

Yes

Quebec

She was the sponsor of C-250 in the Senate.

Robert Peterson

Yes

Yes

Saskatchewan

Gerard A. Phalen

No

No

Nova Scotia

Marie-Paule Poulin

Absent

Yes

Ontario

Vivienne Poy

Yes

Yes

Ontario

Responded to a letter saying she will vote in favour of C-38.

Pierrette Ringuette

Yes

Yes

New Brunswick

Fernand Robichaud

Yes

Yes

New Brunswick

June 29th: C-38 entered 1st reading in the Senate today. Senator Prud'homme wanted to accelerate debate to the next sitting of the Senate. While some senators disagreed, Robichaud stated "move it into committee".

Bill Rompkey

Yes

Yes

Newfoundland and Labrador

Rompkey is Deputy Government House Leader in the Senate and thus is expected to vote in favour. On July 4 2005 he tabled a notice of motion to restrict debate on second reading to six hours.

Nick Sibbeston

Absent

No

Northwest Territories

Voted against Bill C-250

David P. Smith

Absent

Yes

Ontario

Peter Stollery

Yes

Absent

Ontario

Claudette Tardif

Yes

Yes

Alberta

Marilyn Trenholme Counsell

Yes

Yes

New Brunswick

July 06th, 2005: While C-38 was in 2nd reading, she said ``As a Christian, I often ask myself: `What would Jesus do?'." "In this case, in this time, I believe he would say `Yes.'"

Charlie Watt

Absent

Absent

Quebec

41

5

(2 abstained, 14 absent)

Conservatives

Name

2nd Reading

3rd Reading

Province

Raynell Andreychuk

Abstained

Saskatchewan

July 05th, 2005: Made a speech criticizing time allocation of the bill in 2nd reading. However, she did say "this is an issue about human rights. Any violation of human rights commands urgency. This is not just about same [...]. This is about the right to freedom of expression and religion. It is about how we balance those elements."

W. David Angus

Absent

No

Quebec

Voted against Bill C-250

John M. Buchanan

No

No

Nova Scotia

Pat Carney

Absent

Absent

British Columbia

May 02nd, 1980: As an MP, Pat Carney introduced Bill C-242, an act to prohibit discrimination on grounds of [...] orientation, The bill, which would have inserted "[...] orientation" into the Canadian Human Rights Act, didn't pass.

Ethel M. Cochrane

No

No

Newfoundland and Labrador

Voted against Bill C-250

Gerald J. Comeau

No

No

Nova Scotia

Anne C. Cools

No

No

Ontario

Voted against Bill C-250
Former Liberal senator. Says the Government of Canada has a moral obligation to go to the people of Canada.
Sept 17, 2003: Says her position is that of the majority of Canadians. "Because Children and procreation are the result of that unit—it is one of those mysteries and miracles of life."
April 09, 2005: Was one of several speakers at the "March 4 Marriage" rally in Ottawa.
April 25, 2005: Stated in the senate: "This Parliament votes in one direction one day and goes in the opposite direction the next day. I saw that on the question of marriage. The Attorney General of Canada argued on one side of the issue one day and on the other side the next."

Consiglio Di Nino

No

No

Ontario

July 06th, 2005: Responding to a Senator who said she was a Christian and believes if Jesus were asked to vote, He would say "yes", Di Nino said "I don't have the same relationship with Jesus, obviously, as [Senator] Trenholme Counsell."

John Trevor Eyton

Absent

No

Ontario

J. Michael Forrestall

Absent

No

Nova Scotia

Voted against Bill C-250

Leonard J. Gustafson

Absent

No

Saskatchewan

Voted against Bill C-33 (1996)

Janis G. Johnson

Absent

Absent

Manitoba

James F. Kelleher

No

No

Ontario

Wilbert Joseph Keon

No

No

Ontario

Noël A. Kinsella

No

No

New Brunswick

Kinsella, the opposition leader, said in the February 11 Moncton Times & Transcript, "I will approach the bill objectively. I am not going to prejudge anything."
July 04th, 2005: C-38 speech in 2nd reading: "by introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says there alternative approaches instead of dividing Canadians by passing the bill and legalizing same-[...] marriage. Voted No on second reading.

Marjory LeBreton

Abstained

Abstained

Ontario

Michael A. Meighen

Absent

Yes

Ontario

Pierre Claude Nolin

Absent

Absent

Quebec

In January 2005, Nolin announced that the Quebec-wing of the CPC would be bringing forward a host of "moderate" principles to the March 2005 CPC Policy Convention in Montreal, including a motion to support the rights of married same-[...] couples to equal status in the courts of law.
July 05th, 2005: While in 2nd reading, he critiqued Senator Rompkey's adopted motion to limit debate to 6 hours due to what Rompkey sees as stalling tactics. "I agree with the government's bill. Just because the rest of the world or the country took part in a debate is no reason for us not to have one. Not to have one would be a disservice to our institution."

Donald H. Oliver

Absent

Absent

Nova Scotia

Gerry St. Germain

Absent

No

British Columbia

Voted against Bill C-250
September 16, 2003: "Common sense and a respect for the origins of life dictated the evolution of this tradition as embraced in both religious practice and secular conduct".
June 29th, 2005: C-38 entered 1st reading today. When the Speaker asked when the bill shall be read a second time, St. Germain said "Never!".
July 04, 2005: When C-38 entered 2nd reading debate today, St. Germain said the Senate should sit through the fall on this very important issue.
"By introducing Bill C-38, the government is attempting to link Charter rights and human rights to the sacrament of marriage. Marriage has nothing to do with Charter rights or human rights, in the view of many of us. This debate is about a political and social policy decision made by the government." Says the Supreme Court of Canada didn't rule the traditional definition of marriage unconstitutional. Also believes same-[...] marriage will arode the family.

Terry Stratton

No

No

Manitoba

Voted against Bill C-250, Bill C-33 (1996)
July 04, 2005: Moved a motion to adjourn the debate on C-38 in 2nd reading today.

David Tkachuk

No

No

Saskatchewan

Voted against Bill C-250, Bill C-33 (1996)

1

15

(1 abstained, 2 absent)

Independents

Name

2nd Reading

3rd Reading

Province

P. Michael Pitfield

Absent

Absent

Ontario

Madeleine Plamondon

Abstained

No

Quebec

Voted against Bill C-250
July 05th, 2005: Made a speech at 2nd reading saying she will vote against due to religious reasons. Says as a Catholic, she "feels part of an endangered minority." However, abstained when second reading came to a vote

Marcel Prud'homme

Abstained

Yes

Quebec

Close Trudeau ally and known civil libertarian.
Feb 10, 2004: Senator Gérald-A. Beaudoin (and others) comment on his 40th year as a parliamentarian, pointing out that he has stayed true to his father's word, "we must believe in the universality of the protection of human rights or else hold our peace."
June 29, 2005: Moved to try have C-38 read a 2nd time at the next sitting of the Senate as opposed to waiting 2 days.
July 05th, 2005: Says he has yet to make up his mind on the issue, but is against limiting debate. "I will vote against the closure motion if I am in the Senate. If I am not here, just remember that I said I was against this motion. I want to thank Senator Nolin for inspiring my comments yet again."

Jean-Claude Rivest

Absent

Absent

Quebec

Feb 02, 2005: Expressed support for C-38.

Mira Spivak

Yes

Yes

Manitoba

Held a civil liberties meeting at her house decades ago for a gay couple looking to get married.

2

1

(2 absent)

Progressive Conservatives

(Although the Progressive Conservative Party of Canada has merged into the Conservative Party of Canada, these senators have refused to join The New Conservative Party and have chosen to sit in the Senate as "Progressive Conservatives".)

Name

2nd Reading

3rd Reading

Province

Norman K. Atkins

Absent

Yes

Ontario

C. William Doody

Absent

Absent

Newfoundland and Labrador

Elaine McCoy

Yes

Absent

Alberta

Lowell Murray

Absent

Absent

Ontario

July 04th, 2005: Critiqued the official opposition leader, Noel Kinsella: "Honourable senators, I wish to ask the Leader of the Opposition why, on several occasions in his speech, he persisted in blaming the drafters for the flaws that he identified in the bill. Surely the drafters were acting on political instructions of the appropriate ministers."

Nancy Ruth

Absent

Yes

Ontario

Ruth is openly gay. She is a prominent feminist and gay rights advocate.

2

0

(3 absent)

New Democrat

Name

2nd Reading

3rd Reading

Province

Lillian Dyck

Yes

Yes

Saskatchewan

Voted "Yes" on second reading

1

0

(0 abstained or absent)

Marriage support by seat

*

*

*

Tardif

Massicotte

*

Cowan

McCoy

*

Rivest

*

*

Cools

Gustafson

*

Eyton

Angus

*

Nolin

*

*

Munson

Mercer

*

Peterson

Dyck

*

*

*

Pitfield

Downe

*

Spivak

Mitchell

*

Ruth

Atkins

*

Di Nino

Keon

*

Meighen

Forrestall

*

Tkachuk

LeBreton

*

Johnson

Andreychuk

*

Chaput

Merchant

*

Trenholme Counsell

Ringuette

*

Plamondon

*

*

*

*

*

*

*

Doody

Murray

*

Carney

Buchanan

*

Kelleher

*

*

Kinsella

Stratton

*

St. Germain

Cochrane

*

Comeau

Oliver

*

Fraser

Hubley

*

*

Prud'homme

*

Hays

*

*

*

*

*

*

*

Bacon

Callbeck

*

Joyal

*

*

Fairbairn

Carstairs

*

Austin

Rompkey

*

Robichaud

de Bané

*

Hervieux-Payette

Smith

*

Eggleton

Adams

*

Watt

Baker

*

*

*

Kenny

Furey

*

Dallaire

Maheu

*

Fitzpatrick

Grafstein

*

Stollery

Pépin

*

Kirby

Losier-Cool

*

Milne

Gill

*

*

Cordy

*

Lapointe

Jaffer

*

Harb

Lavigne

*

*

*

Phalen

Moore

*

Day

Banks

*

Ferretti Barth

Corbin

*

Cook

Mahovlich

*

Poulin

Poy

*

Pearson

Bryden

*

Sibbeston

Christensen

*

*

Biron

*

*

*