Liberal wants PM to use notwithstanding clause to stop gay marriage 
by Romeo St. Martin

[PoliticsWatch Posted 1:45 p.m. December 8, 2004]

OTTAWA — A Liberal MP wants Prime Minister Paul Martin to go against an election promise and use the notwithstanding clause if the Supreme Court rules in favour of gay marriage tomorrow.
   
Liberal MP Pat O'Brien made the comments after a Liberal caucus meeting Wednesday. At face value, they run contrary to the PM's vow in the election campaign not to use the notwithstanding clause in the case of human rights issues.

"I speak for myself and I will be calling for the use of the notwithstanding clause," O'Brien said. "The prime minister will make the decision he feels he has to make.

"If that clause stands for anything, if it has any meaning at all, then in my mind, in the mind of millions of Canadians - many of them Liberal supporters - this ought to be the time to overrule the courts if in fact they say we must change the definition of marriage," said O'Brien.

O'Brien said the Liberals risk alienating many long-time Liberals if they "are seen as a party that will not stand up for the traditional values that many Liberals and other Canadians hold dear." 

After the court rules on Thursday on the constitutionality of the government's draft legislation, the government is expected to move ahead with legislation and a free vote will be held in the new year where only cabinet ministers will have to support the government position.

O'Brien said one-third to half of the Liberal caucus have "serious concerns" about gay marriage and "some colleagues in cabinet" have told him they will not support legalizing same-sex marriage. 

Conservative MP Peter MacKay, who is in favour of civil unions but opposed to marriage, said he does not favour using the notwithstanding clause.

"That's a personal view," he said. "There are some that have suggested that it is of such importance that it would warrant it. What I would suggest is that you use - just as the prime minister has said, frankly - the notwithstanding clause to protect rights not to take them away."

A day before the court makes its ruling, Justice Minister Irwin Cotler said the government expects the court will "uphold the appellate and lower court judgments" that have legalized gay marriage in six provinces. 

He said passing gay marriage legislation would be a "priority" for the government in the new year.

Cotler believes the support of the NDP, the Bloc and some Conservatives will allow a divided Liberal side to push the legislation through the House. 
Conservative Leader Stephen Harper said there is an expectation that the court will support gay marriage in its ruling Thursday.

"If you listen to Liberal members on committee and you listen to the Justice minister, they seem to know already what the decision is," he said. 

Harper said, in the end, Parliament should have decided on the issue before sending it to the court.

"Not only was this issue shoved to the court by the government, the government blocked any attempt for Parliament to have a meaningful vote on legislation. And that is what should have happened," he said. "Parliament should have decided, not the courts. We'll see tomorrow what happens."

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