e laws that allow same sex partners to enter into a status with all the rights and obligations of other spouses. Theremay also be utility in enacting legislation to allow a "near married" status that couples may chose to acquire, such as theregistered domestic partnership; however, due to the constitutional division of powers in Canada, there will be considerablecomplexity in enacting a coherent "near married" RDP scheme in this country. There is also a role for domestic contractsbetween same sex and other domestic partners, though there are real limitations on contracts as a "solution" for the issuesfaced by those in domestic relationships. There is a range of situations in which the law should treat those in who have livedin conjugal domestic relationships for a certain period as "spouses," even though they have taken no steps to formalize theirrelationship (by marriage, or registration if that is available.). This process of "deeming"individuals to be spouses is referredto as "ascription." There are important reasons for having ascription, even though it "imposes" spouse-like rights andobligations upon those who have not chosen (or been permitted) to recognized acquire spousal status. However, if thosewho live in conjugal relationships (including same sex partners) have the option of formalizing their relationships, there arejustification for having some distinctions between those who have chosen to formalized their relationships and those who livetogether and acquire rights and obligations only by "ascription."Same Sex Marriage & Registered Partnerships: A Peculiarly Canadian ProblemThere are strong equity and social policy based arguments in favour of giving same sex partners the same right as otherCanadians have to marry. Recent public opinion poles suggest that a majority of Canadians would support such action,(3)though our politicians have been very reluctant to act. Shortly after the Supreme Court decision in M v H, the House o...
