Persons living in Canada have provincial domiciles, established by such factors as intention, residence and permanency.82 Case law has established that an illegal immigrant in Canada who intends to make the jurisdiction his or her permanent home may acquire a new domicile in Canada, even though their illegality in Canada arises from a breach of immigration law.83 In the common law provinces, “residence” is usually modified by terms such as “ordinary” or “habitual” and the meaning of the word may be affected by whether it is used as a choice of law or jurisdiction concept.84 “Residence” involves a settled and enduring connection between a person and a place, but residence implies that a person is living in a jurisdiction: eating, sleeping, and working in that place.85 The term “residence” excludes tourists and casual visitors to a place.86 b. Article 12(2) Using the example of marriage cited in Article 12(2), the Civil Marriage Act provides that for a marriage to be lawful in Canada the union must be between two persons, to the exclusion of all others,87 and persons of the same sex can be married.88 However, federal law prohibits marriage between persons related lineally by consanguinity or adoption, and between siblings, whether brother and sister by whole blood or half-blood, or by adoption.89 In addition, under Canadian criminal law, polygamy is prohibited.90 Although the federal government has jurisdiction for marriage, the provinces also have jurisdiction for the solemnization of marriage under the Constitution Act, 1867.91 As a result, the provinces have legislated on such issues as the age of those who can marry, who can perform marriages, and licensing procedures, etc.92 §121. 82 Ibid., at §123. 83 Jablonowski v. Jablonowski, [1972] 3 OR 410, available at: http://canlii.ca/t/g186h [Jablonowski]. 84 James G. McLeod, The Meaning of Ordinary Residence and Habitual Residence in the Common Law Provinces in a Family Law Context (Ottawa: Department of Justice Canada, 2006), at 7-8, available at: http://tinyurl.com/ogmp3co [McLeod]. 85 Ibid., at 7. 86 Ibid. 87 Civil Marriage Act, SC 2005, c 33, at s. 2, available at: http://laws-lois.justice.gc.ca/eng/acts/c-31.5/FullText.html [Civil Marriage Act]. 88 Ibid., at s. 4. 89 Marriage (Prohibited Degrees) Act, SC 1990, c 46, available at: http://laws-lois.justice.gc.ca/eng/acts/M2.1/FullText.html. 90 Criminal Code, RSC, 1985, c C-46, at s. 293, available at: http://laws-lois.justice.gc.ca/eng/acts/C46/FullText.html. The issue of polygamy was specifically mentioned during the discussion of Article 12(2) of the 1954 Convention, in particular that it is the result of the generally accepted validity of “acquired [or vested] rights” which ought not be disturbed, except in specifically described cases where the acquired right of the stateless person would not have been recognized by the law of the given state if he had not become stateless. Such is the case where certain rights are contrary to the “public order” of the state where they are claimed; for example, rights resulting from polygamy invoked in a country where it is prohibited, divorce in countries in which divorces are not recognized, etc.” See Robinson Commentary to the 1954 Convention, supra note 11 at 32. 91 Constitution Act, 1867, supra note 51 at ss. 91(26) and 92(12). 92 See Marriage Act, RSO 1990, c M.3, available at: http://canlii.ca/t/ldwr; Marriage Act, RSBC 1996, c 282, available at: http://canlii.ca/t/528th; Marriage Act, RSA 2000, c M-5, available at: http://canlii.ca/t/528fb; Quebec Civil Code, supra note 80 at ss. 365-400. 21 21