PART IV
SUBMISSIONS CONCERNING COSTS

42. The Canadian Commission makes no submission concerning costs except to reiterate its previous submission that the couples who initiated the original cases in British Columbia, Ontario and Quebec, should have their costs of the Reference.

PART V
ORDER REQUESTED

43. For all of the above reasons, it is respectfully submitted that this Court should

1. Affirm Question 1;

2. Affirm Question 2;

3. Affirm Question 3 and clarify that part 2 of the proposed legislation is declaratory of the rights of religious officials to refuse to conduct religious marriages but that it does not create a religious exemption in the context of civil marriages.

4. Answer Question 4 in the negative and affirm that marriage is the only remedy which achieves the imperatives of equality under the Charter

ALL OF WHICH IS RESPECTFULLY SUBMITTED

Dated at OTTAWA, May 4, 2004

_________________________
Leslie A. Reaume   
Counsel for the Intervener  
Canadian Human Rights Commission

PART VI
TABLE OF AUTHORITIES

1. British Columbian (Public Service Employee Relations Committee) v. British Columbia Government and Service E mployee’s Union (B.C.G.S.E.U.) (Meiorin Grievance), [1999] S.C.R. 3 at paragraph 15

2. Chamberlain vs. Surrey School District No. 36, [2002] 4 S.C.R. 710 at paragraphs 32
 
3. EGALE Canada Inc. V. Canada (Attorney General) (2003), 13 B.C.L.R. (4th) 1 (C.A.) at paragraphs: 1,

4. Halpern v. Canada (Attorney General (2002), 60 O.R. (3d) 321 (Div. Ct.) at paragraphs 1,

5. Halpern v. Canada (Attorney General), 2003 65 O.R. (3rd), 161 (C.A.) at paragraphs 1, 7, 12, 13, 15, 20, 37, 38

6. Hendricks et. al. V. Québec (Procureur général) et. al., [2002] R.J.Q. 2506 (Sup. Crt) at paragraphs 1,

7. Hill and Woodside (1998), 33 C.H.R.R. D/349 (N.B” Bd. Inq.) at paragraph 24

8. Hudler v. London (City) (1997), 31 C.H.R.R. D/500 (Ont. Bd. Inq.) at paragraph 24

9. La Ligue catholique pour les droits de l’homme c. Hendricks et al., [2004] (No. 500-09-012719-027) (Qué. C.A.) (March 19, 2004) at paragraphs 1,

10. Law v. Canada (Minister of Employment and Immigration), [1999] 1 S.C.R. 497 at paragraph 40

11. Ontario (Human Rights Commission) v. Brillinger, [2002] O.J. No. 2375 (Div. Ct.) at paragraph 23

12. Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 825 at paragraphs 27, 28, 29, 31

13. Trinity Western University vs. British Columbia College of Teachers, [2001] 1 S.C.R. 772 at paragraphs 33

14. Vriend v. Alberta, [1998] 1 S.C.R. 493 at paragraphs 43