Civic officials cannot be forced to perform gay marriages if doing so offends their religious beliefs, says federal Justice Minister Irwin Cotler.
Cotler noted Tuesday that the recent landmark Supreme Court opinion on same-sex marriage recognizes that equality rights should not infringe on religious rights.
He didn't explain how the government will ensure homosexuals can get married if officials, such as justices of the peace, refuse to co-operate. But he said Ottawa will work with the provinces to sort things out.
"Even if it is civic officials and not religious officials, we can bring about the kind of mutually respectable and tolerant accommodation . . . where we can protect both equality rights and freedom of religion."
Alberta Premier Ralph Klein, an outspoken critic of changing the traditional definition of marriage, welcomed the news.
"It's a relief," Klein said. "That was something we were going to pursue and I'm glad that the federal officials have clarified that."
Klein noted the high court only referred to clergy as having the option of refusing to perform gay marriage for reasons of conscience.
"Our officials were concerned that it did not include marriage commissioners, judges, or those citizens who are appointed from time to time to perform marriages on a daily licence basis."
Laurie Arron, a spokesman for the gay rights group EGALE, said provinces will be compelled to ensure reasonable access.
"They're going to have to issue licences to same-sex couples and make available solemnization services.
"It'll be up to (provincial) employers to make sure there's reasonable accommodation for employees who don't want to issue licences to us."
Earlier Tuesday, Conservative Leader Stephen Harper said he will move to protect the traditional definition of marriage while also granting the full rights of marriage for gays.
Harper was hesitant to go into detail about the precise way he'd achieve both goals.
"It's difficult to answer the question precisely," Harper said.
"We have to see precise proposals by the government, but we want to be clear that we want to recognize the traditional definition of marriage."
Cotler seized on the proposal as an attempt by Harper to be all things to all voters.
"You can't have it both ways," Cotler said.
He called on Harper to be clear: "Are you prepared to invoke the notwithstanding clause in order to override the opinions of the courts and the Charter or are you going to respect the opinions of the courts and the Charter and the equality rights provision in the Charter?"
"Why don't you face the country and tell them exactly what you are prepared to do?"
Harper said his party will put forward amendments to the Liberal gay marriage bill when it is introduced in late January.
The amendments would:
-Recognize the traditional definition of marriage - that of a man and a woman.
-Offer full recognition of same-sex relationships, including the same benefits as married couples.
-Provide protection for religious institutions from performing gay marriages.
The Supreme Court said marriage is exclusively the federal government's to define and the provinces' to solemnize.
It sidestepped the issue of whether defining marriage as being solely between a man and a woman would violate the Constitution.
Harper said he saw nothing in the court's position that would render his amendments unconstitutional.
"This position represents the view of a majority of Canadians on this issue," he said.
But it doesn't necessarily reflect the view of the House of Commons.
Virtually all Bloc Quebecois and New Democrat MPs have lined up on the Liberal side and the government bill is expected to pass.
But many predict it will be a close vote, with some Liberals opposing gay marriage.
Harper said he will allow his MPs to vote their conscience and Liberal backbench MPs will also be allowed to vote freely. Cabinet ministers must support the government.
But one cabinet member, Northern Development Minister Joe Comuzzi, suggested last week that he will vote against the government bill and put his job on the line.
Natural Resources Minister John Efford is meeting with Newfoundland church leaders next week to discuss the issue. A source said Efford has no intention of opposing the bill unless the leaders are not satisfied with the Supreme Court opinion.