Marriage in Canada

Consanguinity The federal Marriage (Prohibited Degrees) Act, Section 2 prevents the following persons from getting married: • Subject to subsection (2), persons related by consanguinity, affinity or adoption are not prohibited from marrying each other by reason only of their relationship. • No person shall marry another person if they are related lineally, or as brother or sister or half-brother or half-sister, including by adoption. Consent of spouses Both parties must freely consent. Forcing somebody to get married is a criminal offence under s. 293.1 of the Criminal Code. In addition, s. 2.1 of the Civil Marriage Act stipulates, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other." Age of spouses Since 2015, federal law has set the absolute minimum marriageable age at 16. Provinces and territories may set a minimum age higher than that. In Canada the age of majority is set by province/territory at 18 or 19, so persons under this age have additional restrictions (i.e. parental and court consent). Section 293.2 of the Criminal Code also addresses marriages of individuals under the age of 16, reading: Everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is under the age of 16 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Before 2015, it was possible for children less than 16 years old to get married in some jurisdictions of Canada, with parental consent or a court order. (The legal marriage age with parental consent was possibly as low as 7 in some Canadian jurisdictions.) Minimum age by province and territory • British Columbia: 19, or 16 with parental consent. • Alberta: 18, or 16 with consent of all parents and legal guardians. • Saskatchewan: 18, or 16 with a "Consent to Marriage of a Minor" form signed and completed by the parent(s) or guardian(s) in the presence of a Saskatchewan marriage licence issuer, clergy or any person authorized to take affidavits. "If the parent(s) or guardian(s) refuse to consent to the marriage, the minor can apply to a judge of either the provincial or Queen's Bench court for an order dispensing with their consent. The minor may obtain the judge's order by applying to a court house in Saskatchewan." • Manitoba: 18, or 16 (with judicial consent). • Ontario: 18, or 16 with written consent from both sets of parents. • Quebec: 18, or 16 with authorization from the courts. • New Brunswick: 18, or 16 with an affidavit of consent signed by parents or guardians. • Nova Scotia: 19, or 16 with a signed consent form. • Prince Edward Island: 18, or 16 with a consent form signed by parent(s). • Newfoundland and Labrador: 19, or younger wherein "special consents may be required." • Yukon: 19, or younger with consent of parent(s) or legal guardian(s). • Northwest Territories: 19, or younger with parental consent. • Nunavut: 19, or 16 with parental consent. ==Divorce==

Termination of marriage in Canada is covered by the federal Divorce Act. A divorce may be granted for one of the following reasons: • the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act) • one party has committed adultery (s.8(2)(b)(i) of the Act) • one party has treated the other party "with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses" (s.8(2)(b)(ii) of the Act) Key headings of the Divorce Act: • Interpretation • Jurisdiction • Divorce • Child support orders • Spousal support orders • Priority • Custody orders • Variation, rescission or suspension of orders • Provisional orders • Appeals • General Divorce rates by year This chart, with data from Statistics Canada, shows the amount of divorces per 100,000 residents of Canada from 1950 to 2020. ==Polygamy==

In Canada, polygamy is a criminal offence, their prosecutions were the first such cases in Canada in over sixty-five years. In 2007, an independent prosecutor in British Columbia recommended that Canadian courts be asked to rule on the constitutionality of laws against polygamy. The Supreme Court of British Columbia upheld Canada's polygamy laws in a 2011 reference case. On March 9, 2018, the Supreme Court of British Columbia reaffirmed the constitutionality of Canada's anti-polygamy laws, upholding the July 2017 polygamy convictions of Winston Blackmore and James Oler. ==See also==