The Feb. 2 introduction of Bill C-38, the “Civil Marriage Act,” by Canadian Justice Minister Irwin Cotler has raised concerns for religious freedom of clergy, congregations and individuals across Canada, according to Barry W. Bussey, public affairs and religious liberty director for the Seventh-day Adventist Church in Canada.

The bill, which is expected to pass the federal Parliament before June, redefines marriage as “the lawful union of two persons to the exclusion of all others,” as opposed to a union of one man and one woman. And while the legislation stipulates clergy are “free to refuse to perform marriages that are not in accordance with their religious beliefs,” Bussey told ANN in a telephone interview that such protection can’t come from the federal lawmaking branch.

“Our concern has always been that of maintaining freedom for our religious expression of faith,” said Bussey, who is also an attorney. “The government’s bill appears to protect clergy from having to perform marriages against their conscience. However, the Supreme Court in December stated very clearly that the federal parliament has no authority to grant such protection—it is the role of the provincial legislatures.”

The Canadian constitution has divided jurisdiction over marriage between the federal and provincial governments—the federal government has jurisdiction over the “capacity” of marriage, whereas the provincial governments are responsible for the “solemnization” of marriage, he explained. 

“The federal government’s insertion of those religious exemption clauses really has no legal weight. It must be said that given the current climate, it is unlikely that any province would require clergy to go against their conscience in the performance of marriages. However, at least two provinces have stated that all non-clergy marriage commissioners must marry same-sex couples even if it violates their conscience,” Bussey explained. 

Four days of hearings were held last week at the British Columbia Human Rights Tribunal in a case involving a local Knights of Columbus chapter, part of a Roman Catholic laymen’s organization. The chapter refused to rent its social hall to a same-sex couple wishing to hold their wedding reception there.

“The bottom line is that of maintaining religious freedom,” Bussey said. “We’re not interested in foisting our moral view on anyone else, but we are concerned that we will still be able to continue with our faith.”

According to media reports, some 66 percent of Canadians surveyed say they would vote against same-sex marriage if a plebiscite were held. According to the “National Post,” Cotler said the government would not put issues of “fundamental human rights” before voters.

And, the same newspaper earlier reported that Foreign Minister Pierre Stewart Pettigrew told a New Brunswick, Canada, audience that the Roman Catholic Church should not be involved in the debate over Bill C-38: “I find that the separation of the Church and State is one of the most beautiful inventions of modern times,” he was quoted as saying.

There are 329 Seventh-day Adventist congregations in Canada where 53,000 baptized members are among weekly worshippers.