Yes. The law in Canada allows same-sex spouses to get married.

That being said, couples in Quebec have been legally allowed to marry for quite some time now. The laws that prevented same-sex marriage were declared inoperative (invalid) by the Quebec courts and those of several other provinces. This new federal law only confirms the rights of same-sex couples to marry in Quebec.

No. Members of the clergy (priest, minister, rabbi, iman, etc.) cannot be forced to marry two people, if this goes against their religious beliefs. This would infringe on their right to freedom of religion.

Same-sex spouses must therefore opt for a civil marriage or a marriage by a religion that accepts this type of union (for example, certain congregations within the United Church of Canada).

Not necessarily. Each country has its own rules regarding the recognition of all marriages that occur abroad (not only same-sex marriages). You can obtain more information from the embassy or consulate of the country involved.

Yes, every couple, whether same-sex or not, can have a civil union. This institution is similar to marriage but has certain distinguishing features.

Officially, it is neither allowed nor prohibited. In order to understand this issue, we should first take a step back and examine the law surrounding adoptions themselves. There are two types of adoption in Quebec, in addition to international adoption.

First, it is possible to adopt your spouse’s child. In order to be able to do so, you must have lived with your spouse for at least three years or you must be married or joined in a civil union. Several other criteria must also be satisfied. For example, the other parent must consent to the adoption, unless he is unknown, deceased, or has been deprived of his parental authority.

Two spouses may also adopt a child awaiting adoption in the care of social services. There is nothing here that clearly excludes same-sex couples from adopting. Prohibiting a same-sex couple from adopting on this ground alone is discrimination on the basis of sexual orientation and violates the Quebec Charter of Human Rights and Freedoms.

The rules on international adoption are different. Adoption is governed by the rules in the child’s country of origin, which sometime make it difficult for single persons and same-sex couples to adopt. Some countries explicitly prohibit same-sex spouses from adopting, while others simply remain silent on this issue. Contact the Secrétariat à l'adoption internationale to learn more about the selection criteria of various countries.

Yes. We are all free to decide how our property will be distributed following our death. You can therefore bequeath your assets to your spouse by designating her under a valid will. However, it should be noted that the freedom to bequeath is not absolute.

It is important to remember that if a couple is joined civilly or married, the family patrimony must be shared and the surviving spouse is entitled to her share of the it. If you are separated from someone and you now have a new partner, you must dissolve your civil union, obtain a divorce or obtain a separation from bed and board to make sure that this previous union doesn't affect the distribution of your assets.

In the absence of a will, civil union spouses, just like married spouses, are considered legal heirs of the deceased. This means that if you are married or living in a civil union with your spouse and he dies, you, along his children, if there are any, will inherit his assets because they are also considered his legal heirs.

However, if you and your partner are living as de facto spouses and there is no valid will, the Civil Code of Québec provides that your spouse’s children, parents or siblings, if any, will inherit. It is therefore very important to draft a will if you want your de facto spouse to inherit from your estate.

Yes. The Pension Plan Act grants surviving spouse benefits to all spouses, whether they are married, in a civil union or in a de facto union (same and opposite sex). There are two types of benefits: the surviving spouse's pension and the death benefit.

The surviving spouse's pension is a basic income that is given to a spouse after the death of their spouse. To be eligible for it, the deceased person must have sufficiently contributed to the Quebec Pension Plan. A de facto spouse will be recognized as a surviving spouse if the couple lived together for the three years leading up to the death. Where the deceased was married or in a civil union, the pension will be paid to his spouse unless the couple had obtained a legal separation in court.

For same-sex spouses, it's important to note that the law applies for any death that has occurred since April 4th, 1985. If your spouse died several years ago, you may therefore claim your surviving spouse pension now, even if you applied for it at the time and were refused.

That said, if the death was several years ago, the surviving spouse won't receive the total amount of the pension that she would have been eligible for since the death. She will receive a retroactive pension for the 12 months before the claim was received. It is therefore recommended to act quickly.

The death benefit is a single payment of $ 2,500 meant to help pay for funeral costs. The person who paid these costs, often the spouse, will therefore be given priority when this benefit is paid out. If the person who paid the funeral costs hasn't made a claim for this benefit within 60 days following the death, the benefit will be given to the heirs. If the funeral costs were less than $ 2,500, the balance will be added to the succession.

You have 5 years after the date of the death to submit a claim.

To learn more about the conditions of eligibility and the possible methods of payment, consult the website of the Régie des rentes du Québec.

Yes. Under the law, you may designate whomever you wish as beneficiary of the proceeds of your life insurance policy. You may, therefore, designate your same-sex spouse as beneficiary. This designation can be made in the insurance policy itself, in a will, or in another written document.

In fact, you have the obligation to include your spouse as a beneficiary here. Since the enactment of the Prescription Drug Insurance Act, it is mandatory for individuals to participate in group insurance when it is offered through their employment, and to include their spouse and children as beneficiaries unless they are already covered under another group insurance or benefit plan.

In many cases, the spouse’s name will therefore become known to the employer or to the employee responsible for administering the benefit plan. As a result, the obligation to declare one’s marital status does not have the same consequences for homosexual couples as for heterosexual couples. Even today, gays and lesbians may suffer discrimination and harassment. Your employer must ensure that confidential information disclosed remains confidential, to protect you from the potential repercussions of being forced “out of the closet.”

In theory, the courts should consider only a single factor when deciding which parent should have custody: the child’s interest (i.e his or her moral, intellectual, emotional and physical needs). Your rights with respect to your child cannot be limited on the basis of your sexual orientation.

The spouse of an incapacitated person can give consent on his behalf regardless of whether the couple is joined by marriage, civil union, or de facto union.

In the case of de facto couples, sometimes the spouse is excluded from making decisions regarding the incapacitated partner. This is why it is wiser and safer to draft a mandate in anticipation of incapacity to ensure that your spouse can decide on your behalf.