In other words, the court refused to find a right to marriage for gay couples in the Charter. So stop claiming otherwise.
Such wonderful semantic nonsense. First, the court no more "refused to find a right to marriage for gay couples" than it "refused to find a right to make ill-informed comments based on a complete failure to understand the issues," or than it "refused to find a right to eat cabbage in the comfort of one's own home."
The Court declined to answer the question. To wit:
The government has stated its intention to address the issue of same-sex marriage by introducing legislation regardless of our opinion on this question. The parties to previous litigation have relied upon the finality of their judgments and have acquired rights which in our view are entitled to protection. Finally, an answer to Question 4 would not only fail to ensure uniformity of the law, but might undermine it. These circumstances, weighed against the hypothetical benefit Parliament might derive from an answer, convince the Court that it should exercise its discretion not to answer Question 4.
Read the opinion. Courts refuse to answer questions all the time. When the Supreme Court of Canada or of the US doesn't take a case for review, it's not denying it or however you want to phrase it. It's not answering the question one way or the other.
But let's put it this way: As the law stands, the Courts of Appeal for Ontario, BC, and Quebec--the highest courts in those provinces--have declared that gay marriage is required by the Charter. The trial courts in every province and territory but NWT, Nunavut, PEI, and Alberta have said the same, and the Government did not appeal. Until the Government appeals those to the Supreme Court, the law is crystal clear and those decisions stand. Many, many provincial Courts of Appeal decide cases that set precedent that never get appealed; just b/c the Supreme Court hasn't spoken on the issue doesn't make it any less binding.
And please, does anyone who's not smoking tar sands in Red Deer actually think that the Supreme Court, if faced with the question, would not affirm Ontario, BC, and Quebec?