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Podcast Espisode 4: Patterns – Part 2
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I think most people know, in a general sense, that getting married involves paperwork. Now obviously, there are many forms of marriage and partnership that predate the common and civil law systems digging their roots in all over the world – but for the sake of getting married according to Canadian laws, you need to sign some papers.
It’s easy to assume that government will be able to step in if a predatory marriage is about to happen, since you must submit paperwork to the government to get married. Unfortunately, that assumption is by and large false.
There are two main stages of ‘paperwork’ that need to get done for two people to get married. First, they need to get a marriage license; this is often seen as a procedural step. Then, on the day of the wedding, the officiant or whomever is marrying the two people will look at that license and complete the day-of-the-wedding paperwork. When all is said and done, a marriage certificate is sent to the couple.
Stage One of the ‘Paperwork’
Provinces and territories oversee marriage licences, just like they oversee licenses to drive, sell alcohol, fish, etc. As such, how you get and use a marriage license varies from province to province. In some provinces like Ontario, the procedure may even vary depending on your municipality. I will highlight some of the different features of the licensing process across Canada. Some of these differences – like whether applicants are spoken with separately – directly affect how vulnerable persons are to predatory marriages.
In-Person License Pickup
Most people who get married in Canada will need to pick up a marriage license. Because marriage licenses are the closest thing to a universal step, this is arguably the ideal time for community members or government employees to take steps to identify predatory marriages in the works.
Although some provinces like Ontario allow for marriage licenses to be ordered online, licenses still need to be picked up in-person. Varying regional needs, especially between rural and urban areas, mean that there are significant differences between how licences are distributed. Additionally, reduced mobility, shift work, and many other circumstances can make it difficult for two adults to set aside time to pick up a license together during business hours.
As a result, provinces’ requirements range from always requiring both applicants to be present, to allowing one applicant to pick up the license under extenuating circumstances,[1] to always allowing one applicant to pick up the license, so long as they have two pieces of government ID for both applicants.[2] However, a consequence of models that allow a single person to pick up licenses is that government officials may never see the victim of a predatory marriage. Requiring Government IDs is not an adequate safeguard when perpetrators of predatory marriages frequently have access to victims’ belongings, including identity documents.
Applying for and picking up a licence does involve more than just showing two pieces of ID. Affidavits, affidavit forms, or statutory declarations are a common part of the license application process, regardless of how licenses are picked up. However, only some provinces require parties to be examined or complete these forms “separately and apart from one another.”[3]
Banns
Banns are public announcements in someone’s place of worship, giving notice that a couple is planning to get married and allowing anyone to raise an objection. Provinces demonstrate two predominant approaches to Banns. One, Banns can be an alternate to a marriage license for eligible couples.[4] This is the approach Ontario takes.[5] An obvious concern here is that, in the event marriage licensing is one day an effective safeguard against predatory marriages, Banns will offer a route around them. Banns can be individually regulated to ensure they meet minimum requirements, same as a the marriage license ideally would. For example, Manitoba legislation requires the religious official making the proclamation to forward statutory declarations to an official. Ideal licensing requirements, like requiring both parties to be interviewed separately, could be imported into the Banns regime.
The second approach is to treat Banns as an optional step that can be taken in addition to acquiring a marriage license.[6] In other words, everyone must get a marriage license to get married.
Translators
Alberta explicitly states that a couple applying for a marriage license cannot interpret for each other. [7] This is a logical safety measure. However, it also raises the question of whether similar or greater safety measures and supports are needed across Canada. For example, should registrants offer or require professional third-party translation services? There may not be a clear answer, as overly broad policies could infringe on the rights of low-income applicants who need translators.
Timeline
The immediacy and length of a marriage licence’s validity varies between provinces and territories. Applicants can normally get married the same day they get the license, though there are exceptions, such as Manitoba legislation.[8] Licenses are typically ‘good’ for three months, though this also varies between provinces.[9]
Timelines are a relevant consideration when capacity may meaningfully diminish over three months.
Additional Protections (caveats etc)
In some provinces, additional protections exist, like the caveat system.[10] A caveat essentially puts something in the marriage-license-issuer’s system that says ‘this person cannot get married until some extra steps are taken.’ For more on systems across Canada, revisit WEL Partner’s Capacity to Marry in Canada: Cross-Provincial Examination of Marriage Legislation.
Stage Two of the ‘Paperwork’
The second stage of paperwork, you have likely seen before even if you haven’t been married. It’s in all the wedding movies and bridesmaids spinoffs. Somebody standing behind the couple dramatically reads from a book, the couple says “I do,” and everybody signs on the dotted line.
The person standing behind the couple, reading those vows and making sure everyone signs on the right dotted line, is called different things depending on where you live and whether they’re affiliated with a religion. Whether you call them marriage officiants, registrants, celebrants, or commissioners, another title, the bottom line is the same: they check that you have a marriage license (or a banns, if applicable), and if the “I do’s” go as planned, they submit the paperwork to register your marriage.
No matter where you live, it’s the law that you need to be capable of entering a marriage in order to do so. Unfortunately, training on predatory marriages and how to detect diminished capacity is not standard training for everyone who might marry two people. For example, some provinces[11] provide for ‘temporary commissioners. There is not a lot of transparency online about what, if any, training people need to get before marrying others.
Some provinces have handbooks for people performing marriage ceremonies, and they do sometimes reiterate that both parties need to have capacity to marry.[12] They do not, however, go into depth about what you’re supposed to do when faced with two people you aren’t sure you can ethically, or legally, marry.
The TLDR of this blog is: governments need to consider how marriage policies affect predatory marriages, and they need to put resources in place to help government employees, communities, officiants, etc., stop predators.
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[2] E.g., select Ontario municipalities
[3] E.g.Marriage Act 2011, c.188, s. 17(1)
[4] E.g., The Marriage Act, CCSM c M50 s. 8
[5] Apply for a Marriage Licence – Government of Nova Scotia
[6] E.g., Alberta, New Brunswick, Nova Scotia
[7] Get a marriage licence | Alberta.ca
[8] The Marriage Act, CCSM c M50 s. 9(2)
[9] E.g., licences are valid for 30 days in Newfoundland & Labrador
[10] E.g., Marriage Act RSBC 1996 c. 282 s. 23
[12] Marriage Officiant’s Guide to Performing Marriage Ceremonies in Ontario – Forms – Central Forms Repository (CFR)
