Matt, the more I think of it, the more I believe that you are right and I am wrong with respect to gay marriage now being legal across Canada.
The Canadian Constitution includes a Charter of Rights and Freedoms. http://canada.justice.gc.ca/Loireg/charte/const_en.html
The Charter prohibits the government from discrimination based on sex (s.15 http://canada.justice.gc.ca/Loireg/charte/const_en.html#egalite ), and the Supreme Court of Canada has previously found that discrimination based on sexual orientation is analogous to discrimination based on sex. Therefore, discrimination by the government based on sexual orientation is illegal because it violated the Charter.
By invoking the notwithstanding clause of the Charter (s.33 http://canada.justice.gc.ca/Loireg/charte/const_en.html#charte ), the federal government can enforce a federal law notwithstanding that such law violates the Charter, but only for five years at a time.
The notwithstanding clause does not permit a province to opt out of the enforcement of a federal law.
The federal government has control over marriage and divorce, but so far has only handled divorce, and has let provinces handle marriage. Any time the federal government wants, it can start handling marriage, whether the provinces agree or not. Today’s court decision has confirmed this.
The moment the federal government enacts a gay marriage law, it will trump a provincial marriage law, so Ralph’s use of the notwithstanding clause will be moot because his anti-gay law will no longer be in force.
By invoking the notwithstanding clause of the Charter, a provincial government can enforce its own provincial law notwithstanding that such laws violates the Charter, but only for five years at a time.
In 2000, Ralph invoked the notwithstanding clause concerning the Alberta Marriage Act (s.2 http://www.canlii.org/ab/laws/sta/m-5/20041104/whole.html ), which is in violation of the Charter because it defines marriage as a marriage between a man and a woman (s.1©). This overriding of the Charter will only last for one more year, at which time Ralph has the option of renewing it again.
In any event, in my opinion (and I may be wrong), today’s decision invalidates Ralph’s use of the notwithstanding clause, for he used it to restrict marriage rights that have now been decreed to be in the fed’s bailiwick. Since, as per today’s decision, the restriction of marriage rights is in the federal jurisdiction, then the use of the notwithstanding clause concerning them is in the federal, not provincial, jurisdiction. This is the crux of where you and I disagree, for if I am wrong, and the provinces retain the authority to use the notwithstanding clause on their own legislation while the federal government remains silent, then gay marriage will not be legal across all of Canada for so long as such provinces as Alberta regularly re-enact notwithstanding clauses without the feds becoming involved.
Why I am thinking that I am wrong is because as long as the feds are silent, then why should the provinces be able to make some restrictions on capacity (such as age or mental disability), but not others (such as gay marriage), and regardless of the feds having paramountcy, as long as the provincial laws stand due to federal silence and as long as the notwithstanding clause is strictly interpreted, then the provinces should have recourse to that clause. Thanks for pointing out my error.