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Canadian Same Sex Marriage:  The battle begins.
City of Toronto seeks clarification from the courts

THE actions of Toronto lawyer Michael Leshner have begun the Canadian same sex marriage court challenge.

Previous News
Canada's Gay Lobby Set to Sue for Marriage Rights
Toronto Lawyer Battles City Hall To Marry
In response to Mr. Leshner's application for a marriage licence from the City of Toronto last Friday for himself and his partner the City has referred the matter to the Canadian judicial system rather than issuing him a written rejection.

"In light of recent developments in Canadian case law, [the City solicitor] advises that federal and provincial marriage statutes and the common law - none of which recognize same sex marriage - may conflict with the Charter of Rights and Freedoms.  However, only a court can make that determination," the City of Toronto said today in a statement.

Following Mr. Leshner's application he was advised the City would consult with their legal department as to their ability to grant a licence to a same sex couple.  A commitment was made, the City said,  to contact Mr. Leshner in writing with regards to the City's decision.  A letter went out to the applicant today, said the City.

"In light of the City Solicitor's view and based on his recommendations, I have decided to refer this matter to the courts for an interpretation of the law with respect to same-sex marriage before I exercise my discretion [to issue or reject]," wrote the City Clerk to the Mayor and Council.