Canada's Wedding Ban: Law Or Myth?

Weddings are not banned in Canada, but there are several legal requirements that must be met for a marriage to be considered valid. These include the requirement that both parties must consent to the marriage, be at least 16 years old, and not be married to anyone else. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace, or clerks of the court, depending on the laws of each province and territory. During the COVID-19 pandemic, large-scale weddings were impacted by provincial guidelines that banned gatherings of more than 50 people in certain places, such as British Columbia.

Wedding laws and regulations in Canada

Weddings in Canada are steeped in traditions often based on religion, culture, and social norms. However, modern weddings deviate from these traditions and are sometimes held outdoors or in buildings other than churches. Here is a comprehensive overview of the laws and regulations surrounding weddings in Canada:

Marriage Legislation

The federal government has exclusive jurisdiction over marriage and divorce under the Constitution Act, 1867. The Civil Marriage Act, enacted in 2005, authorises same-sex marriage, with gender no longer specified in Canadian marriage legislation. Religious officiants can refuse to perform same-sex marriages if they conflict with their beliefs.

Officiants

Weddings can be officiated by members of the clergy, marriage commissioners, judges, justices of the peace, or clerks of the court, depending on each province's laws.

Witnesses

All weddings in Canada must have at least two adult witnesses present.

Language

The ceremony must be performed in a language that all participants understand or be officially interpreted.

Timing

The wedding must take place within 90 days of the marriage license being issued, and the license must be surrendered to the officiant and not returned to the couple.

Age Requirements

The federal minimum age for marriage in Canada is 16, with parental consent required for those under 18. Provinces can set a higher minimum age, and additional restrictions apply for minors.

Consent

Both parties must freely consent to the marriage. Forcing someone to marry is a criminal offence, and marriages without consent are void.

Prohibited Marriages

The federal Marriage (Prohibited Degrees) Act prevents marriages between individuals who are related lineally, as siblings, half-siblings, or by adoption.

Divorce

Divorce is covered by the federal Divorce Act, and can be granted for reasons such as adultery, physical or mental cruelty, or if the marriage has irretrievably broken down and the couple has lived apart for a year.

Polygamy

Polygamy is a criminal offence in Canada, although prosecutions are rare.

Foreign Marriages

Foreign marriages are generally recognised in Canada if they are legal in the country where they occurred and comply with Canadian federal laws on marriage, including prohibiting close relative marriages and polygamy.

COVID-19 Restrictions

During the COVID-19 pandemic, some provinces, such as British Columbia, banned gatherings of more than 50 people, leading to wedding cancellations or downsizing.

History of weddings in Canada

Weddings in Canada have evolved over the years, influenced by cultural, religious, and societal shifts. While traditional Christian concepts of marriage prevailed since the country's founding, these norms have undergone significant changes, especially since the end of World War II.

Traditional Christian Marriage:

Before the 20th century, marriage in Canada was predominantly a religious affair, steeped in traditional Christian beliefs. The Catholic and Protestant churches defined marriage as a lifelong, exclusive union between a man and a woman, based on mutual consent, procreation, and mutual comfort. However, differences existed between the denominations, with Catholics considering marriage a sacrament and Protestants viewing it as blessed by God. Divorce was extremely rare, and Canada had one of the lowest divorce rates in the Western world before World War II.

Marriage Patterns and Courtship:

Canadians generally followed Western marriage patterns, including relatively late marriages and a significant proportion of individuals remaining unmarried. Economic factors, age, and the ratio of marriageable males to females influenced the opportunity and timing of marriages. Courtship was often supervised by families, especially for women, until the late 19th century. Parental approval for marriages was commonly sought, and defiance could lead to familial estrangement.

Evolution of Wedding Traditions:

Weddings in the 19th century were typically small, intimate ceremonies held at the homes of the bride's or groom's parents. The bride usually wore her best dress, which was not always white. It was only in the mid-19th century that brides began purchasing wedding gowns, and the tradition of wearing white became popularised by Queen Victoria in the 1840s. During this period, weddings became more elaborate, particularly among the upper class, with the inclusion of floral arrangements and wedding cakes.

Post-World War II Changes:

Since the end of World War II, formal rules, family customs, and societal expectations surrounding marriage have relaxed. The secular tradition of a honeymoon gained popularity during the 19th century, initially among the wealthy and later spreading across all social strata. Same-sex marriage has been legally recognised across Canada since 2005, and the minimum marriageable age is now set at 16 years, with some provinces allowing marriages at a younger age with parental or court consent.

Diversity in Wedding Traditions:

Canada's multicultural society is reflected in its wedding traditions, with rituals, objects, and practices varying across different cultural communities. While some weddings follow Christian traditions, others incorporate unique cultural elements. For example, Vietnamese weddings include serving tea to parents and placing offerings on ancestral altars, while Ukrainian weddings feature korovai, a traditional wedding bread. Immigrant families often cherish their traditional wedding attire, passing them down as treasured heirlooms.

Modern Trends:

The marriage rate in Canada has been declining, with a sharp drop during the COVID-19 pandemic. The average age at marriage has increased, and common-law unions have become more prevalent. Modern weddings often deviate from traditional religious customs, with outdoor ceremonies, non-religious officiants, and personalised vows.

Same-sex marriage in Canada

Same-sex marriage has been legal in Canada since 2005, following the enactment of the Civil Marriage Act. However, the legalisation process began in 2003, with court decisions progressively introducing same-sex marriage in several provinces and territories.

The first province to legally recognise same-sex marriage was Ontario, on June 10, 2003, after the Court of Appeal for Ontario issued a decision that immediately legalised it. This was followed by British Columbia on July 8, 2003, and Quebec on March 19, 2004. By the time the Civil Marriage Act was passed in 2005, more than 3,000 same-sex couples had already married in these areas.

The Civil Marriage Act was introduced to the House of Commons of Canada on February 1, 2005, by Prime Minister Paul Martin's Liberal minority government. It passed through the House of Commons and the Senate with yes votes of 164–137 and 47–21, respectively. The Act received royal assent on July 20, 2005, and same-sex marriage was legally recognised across Canada.

The legalisation of same-sex marriage in Canada was the result of a shift in societal attitudes and court rulings that deemed the restriction of marriage to opposite-sex couples discriminatory and contrary to the equality clause of the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada ruled that the federal government had the authority to amend the definition of marriage and that religious institutions had the right to refuse to perform same-sex marriage ceremonies.

In 2023, polling by Pew Research suggested that more than three-quarters of Canadian residents supported the legal recognition of same-sex marriage.

Religious and cultural wedding traditions in Canada

Canada is a multicultural country with a high percentage of foreign-born citizens, so weddings are often a mix of different cultural and religious traditions. Here is a look at some of the religious and cultural wedding traditions that can be found in Canada.

Religious Traditions

In the past, most Canadian weddings were religious, held in churches with a religious leader officiating the ceremony. However, today, many Canadians opt for non-religious ceremonies.

A traditional Christian wedding includes the blessing and exchange of wedding bands and the couple offering their own wedding vows.

Jewish weddings involve the bride and groom being walked down the aisle by both their parents, and they are married under a chupah, a decorated tent-like structure, symbolizing their new home together. A ketubah, or Jewish wedding contract, is also part of the ceremony.

Hindu weddings include the exchange of garlands, the lighting of a sacred fire, taking seven steps together, applying henna, and the groom placing a dot of sindur on the bride's forehead.

Muslim weddings often include the groom wearing a tuxedo and the bride wearing white. They may also have a wedding party, though it usually does not include friends. Instead of reading vows, they have a nikah nama, a Muslim marriage contract.

Cultural Traditions

French-Canadian weddings may include a joyous honking procession, with the groom's family driving to the bride's house on the morning of the wedding, honking horns and shouting to announce the wedding. This is followed by a processional motorcade with guests in cars adorned with balloons, ribbons, and flowers.

A Trousseau Tea is a lovely, though less common, tradition hosted by the bride's mother. Neighbours, colleagues, and acquaintances who are not invited to the wedding are invited to this party, where they can view the bride's trousseau (bridal shower and wedding gifts).

A unique event that many Canadian weddings incorporate is "The Wedding Social", a pre-wedding party and fundraiser where guests pay for admission, food, and drinks, with proceeds going towards wedding costs.

The Sock Hop or Trough Dance is another fun pre-wedding tradition where the unmarried siblings of the bride and groom dance together with silly socks on, and guests throw money at their feet, which is then given to the newlyweds as a gift.

The Wedding Wheel is a tradition where guests pay a dollar to dance with the bride and groom, helping to pay for the honeymoon and other expenses.

Another tradition to help cover costs is the shoe dance, where the bride dances around with guests filling her wedding shoe with money.

At the reception, toasting often takes the form of a roast, with the best man, maid of honour, father of the bride, and brother of the groom telling funny stories about the couple before offering a toast.

Trends

Canadian weddings are moving towards non-religious ceremonies and eco-friendly practices.

The average cost of a Canadian wedding is about $29,450, with an average of 154 guests.

White bridal gowns remain popular, as do first dances and serving alcohol at the reception.

Canada also has destination weddings, with couples choosing locations like Las Vegas, New York City, Niagara Falls, or Lake Louise to tie the knot.

Wedding cancellations during COVID-19 in Canada

The COVID-19 pandemic has had a significant impact on the wedding industry in Canada, with many couples forced to cancel or postpone their nuptials due to public health restrictions and safety concerns.

Impact of COVID-19 on Weddings in Canada

The COVID-19 pandemic has had a devastating impact on the wedding industry in Canada, with many couples forced to cancel or postpone their nuptials due to public health restrictions and safety concerns. Large gatherings, including weddings, were banned across the country to curb the spread of the virus. This led to last-minute cancellations and left many couples scrambling to make alternative arrangements.

Challenges for Couples

For couples planning to tie the knot, the pandemic presented unprecedented challenges. With restrictions on gatherings, many had to drastically reduce their guest lists or opt for virtual weddings. Others chose to postpone their weddings, hoping for a time when they could safely celebrate with their loved ones. The situation was particularly difficult for those who had already sent out invitations, booked venues, and made other arrangements.

Financial Challenges

The financial implications of wedding cancellations during the pandemic were significant. Couples often faced financial losses or incurred additional costs associated with postponement. The wedding industry also suffered, with venues, caterers, and other vendors facing losses and uncertainty.

Adapting to the Situation

Despite the challenges, many couples found creative ways to celebrate their love. Some opted for intimate ceremonies with only their closest family and friends, while others explored alternative venues, such as outdoor spaces, that allowed for better social distancing. Virtual weddings also gained popularity, with couples live-streaming their ceremonies to guests who couldn't attend in person.

Support from Wedding Industry

The wedding industry stepped up to support couples during this difficult time. Many venues and vendors offered flexible options, such as full refunds or the opportunity to reschedule. Wedding planners and other professionals worked closely with couples to adapt their plans, ensuring that their special day could still be celebrated safely and memorably.

While the COVID-19 pandemic disrupted wedding plans for countless couples across Canada, it also highlighted the resilience and adaptability of the wedding industry. Despite the challenges, love prevailed, and couples found unique and meaningful ways to exchange their vows, even in the face of unprecedented circumstances.

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