Clarify gay rights policy, Martin tells Harper

Last Updated: Monday, December 12, 2005 | 12:11 PM ET

CBC News

Liberal Leader Paul Martin called on Conservative Leader Stephen Harper on Monday to say whether he plans to use the notwithstanding clause to revoke the legislation legalizing gay marriage.

Speaking in Hamilton, Martin said the issue of same-sex marriage was a rights issue as set out by the courts.

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Harper said earlier in the campaign for the Jan. 23 election that he would put the issue to a free vote in the House of Commons and introduce legislation returning the definition of marriage to a bond between one man and one woman.

"Mr. Harper needs to say whether he will use the notwithstanding clause or not," Martin said on Monday.

Martin maintains the federal government would need to invoke the clause if it were to override the Charter of Rights and Freedoms and take away the right to marry from gays and lesbians.

"I don't believe the prime minister of Canada can cherry-pick charter rights. I believe a right is a right, and that it having been established, it is the responsibility of the prime minister of Canada to support the Charter of Rights and Freedoms."

"I believe that the prime minister of Canada should not be choosing which rights he will support. He needs to support all rights of Canadians," Martin said.

Martin said Harper's position on other key election issues, such as health care, is unclear.