Mr. Speaker, the Attorney General of Canada’s answer to the application in L and M v. Attorney General of Canada and Attorney General of Ontario was filed on June 29, 2011. The answers to the six specific questions posed are as follows.
In response to (a), the filing was reviewed by counsel in the family, children and youth section and the human rights law section at Justice Canada’s national headquarters, as well as by officials in the Ontario regional office, including their litigation committee at a meeting on June 15, 2011. The reviews took place from mid-April to mid-June of 2011.
In response to (b), no directive was issued with regard to this case by the Minister of Justice, his office or any other agent or officer of the Government of Canada.
In response to (c), (d), and (e), the filing has not been amended. A preliminary motion challenging the applicants’ standing to challenge the constitutionality of the Divorce Act on the basis that their marriage was not legally valid in Canada was discontinued on January 17, 2012. On February 17, 2012, the Government of Canada tabled Bill C-32, an Act to amend the Civil Marriage Act, which would change the law in Canada to allow non-residents who were married in Canada to access divorce where they are unable to do so in their country of residence because their Canadian marriage is not recognized.
In response to (f), the answer was reviewed and approved by the litigation committee of the Ontario regional office of Justice Canada. That committee comprises the senior litigators in the regional office and the regional director general. That approval was given on June 15, 2011.
In response to (g), on February 17, 2012, the government introduced Bill C-32, An Act to amend the Civil Marriage Act. This bill would fill the legislative gap left in the Civil Marriage Act by the previous government.