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Encyclopedia > LGBT rights in Canada
Gay rights in Canada
Civil Marriage Act
Re Same-Sex Marriage
38th House · 38th Senate
39th House · 39th Senate
Same-sex marriage in Canada
PE
NL
NT
Civil unions in Quebec

Canada has provided more legal rights for LGBT people than many other liberal nations. Canada has enshrined more legal rights for LGBT people than many other liberal nations. ... Image File history File links Flag_of_Canada. ... The Civil Marriage Act (full title: An Act respecting certain aspects of legal capacity for marriage for civil purposes) was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. ... Re Same-Sex Marriage [2004] 3 S.C.R. 698 was a reference question to the Supreme Court of Canada regarding the constitutional validity of same-sex marriage in Canada. ... This article lists the members of the 38th Parliament of Canada and how they voted on Bill C-38, now known as the Civil Marriage Act. ... The Civil Marriage Act was approved by the Canadian House of Commons on third reading on June 28, 2005 (see Members of the 38th Canadian Parliament and same-sex marriage). ... This article lists the members of the 39th Parliament of Canada and how they might vote on a motion on whether to maintain the Civil Marriage Act. ... The Civil Marriage Act received royal assent on July 20, 2005. ... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ... Flag of B.C. Same-sex marriage in British Columbia: In May 2003, the British Columbia Court of Appeals ruled that denial of marriage licences to same-sex couples was a violation of the Canadian Charter of Rights and Freedoms. ... Flag of Alberta Same-sex marriage in Alberta: The province of Alberta began granting marriage licences to same-sex couples on July 20, 2005 upon the granting of Royal Assent to the Civil Marriage Act. ... Flag of Saskatchewan Saskatchewan is one of the seven Canadian provinces and territories that recognize same-sex marriage, as of November 5, 2004. ... Flag of Manitoba Same-sex marriage in Manitoba began on September 16, 2004, when Manitoba became the fifth jurisdiction in Canada to legalize same-sex marriage, after the provinces of Ontario, British Columbia, and Quebec, and Yukon Territory. ... Flag of Ontario Same-sex marriage was legalized in Ontario in 2003 after the Ontario Court of Appeal upheld a lower court ruling which declared that defining marriage in heterosexual-only terms violated the Canadian Charter of Rights and Freedoms. ... Flag of Quebec On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding and ordering that it take effect immediately. ... Flag of New Brunswick Same sex marriage in New Brunswick: The province of New Brunswick does not currently issue marriage licences to same-sex couples. ... Flag of Prince Edward Island Same-sex marriage in Prince Edward Island: The Canadian province of Prince Edward Island began the process of updating its laws to recognize same-sex marriage after the passage in the House of Commons of Bill C-38, the Civil Marriage Act, the federal law... Flag of Nova Scotia Same-sex marriage in Nova Scotia: In August 2004, three couples in Nova Scotia brought the suit against the provincial and federal governments requesting that it issue same-sex marriage licences. ... Flag of Newfoundland and Labrador Same-sex marriage in Newfoundland and Labrador: Newfoundland and Labrador has issued marriage licences to same-sex couples since December 21, 2004. ... Flag of Yukon Territory Same-sex marriage in Yukon began on July 14, 2004, when Yukon Territory became the fourth jurisdiction in Canada to legalize same-sex marriage, after the provinces of Ontario, British Columbia, and Quebec. ... Flag of the NWT Same-sex marriage in the Northwest Territories: The Northwest Territories began granting marriage licences to same-sex couples on July 20, 2005 upon the granting of Royal Assent to the Civil Marriage Act. ... Nunavut Territory does not currently perform same-sex marriages, however, the territory does recognize same-sex marriages performed elsewhere by choice. ... Image File history File links Download high-resolution version (852x698, 139 KB) File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): Geography of Canada Same-sex marriage in Canada Egale Canada Same-sex marriage in Yukon Same-sex marriage... Civil unions in Quebec: Pursuant to a range of activism and to the M. v. ... The initialism LGBT is used to refer collectively to Lesbian, Gay, Bisexual, and Transgender people. ...

Contents

Timeline

The court case of Everett George Klippert caused much discussion of homosexuality among Canadians. In 1965 Everett George Klippert was interrogated by the police as part of an arson investigation in the Northwest Territories. Klippert was arrested after admitting that he had had sex with other men. When psychiatrists determined that he was unlikely to stop having sex with men, he was declared a dangerous offender and sentenced to life in prison. Maclean's, Canada's popular newsweekly, then printed an article sympathetic to homosexuals. This led to increasing calls to reform Canada's law on homosexuality. Klippert was released in 1971. Everett George Klippert (1926 - 1996) was the last person in Canada to be arrested, charged, prosecuted, convicted, and imprisoned for homosexuality before its legalization in 1969; the reforms which led to Canadian legalization of homosexuality were a direct result of the Klippert case. ... In the Canadian legal system, the dangerous offender designation allows the courts to impose an indefinite sentence on a convicted person, regardless of whether the crime carries a life sentence or not. ... A cover of the Canadian magazine Macleans. ...


Homosexuality was decriminalized in Canada as a result of legislation (Bill C-150) introduced in 1967 by then-Justice Minister and Attorney General of Canada, Pierre Trudeau (who later became the 16th Prime Minister of Canada). He famously commented, "There's no place for the state in the bedrooms of the nation."[1] For other uses, see Pierre Elliott Trudeau (disambiguation). ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ...


In 1971 Canada's first gay rights march took place in Ottawa. The Body Politic, Canada's first gay liberation newspaper, was published in Toronto and continued for about 15 years. A short run documentary series, Coming Out, became Canada's first LGBT television series when it aired on Maclean-Hunter cable in Toronto in 1972. The Body Politic was a Canadian monthly magazine, which was published from 1971 to 1987. ... Coming Out was a Canadian television series, which aired on Maclean-Hunters cable community channel in Toronto in 1972. ... Maclean-Hunter was a Canadian communications company, which had diversified holdings in radio, television, magazines, newspapers and cable television distribution. ...


In 1975 and 1976, there were large scale protests after the police raided gay establishments in Quebec and in Ottawa in preparation for the 1976 Olympics.


In 1977, Quebec became the first jurisdiction (larger than a city or county) in the world to prohibit discrimination based on "sexual orientation" in the public and private sectors. The Quebec Charter of Human Rights and Freedoms prohibits discrimination in employment, housing and certain services and other activities, but it does not apply to federally regulated activities. Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ... The Quebec Charter of Human Rights and Freedoms (French: Charte des droits et libertés de la personne) is a statutory bill of rights adopted by the National Assembly of Quebec on June 27, 1975. ...


In 1978, the Canadian Immigration Act was amended, removing a ban on homosexuals as immigrants.


In 1981, a major bathhouse raid occurred in Toronto, so outraging the gay community that an estimated 3000 people poured into the streets of Toronto to protest the raid. Infrequent bathhouse raids continue to occur to this day. Laws from the 1800s known as "bawdy house laws" are still listed in the Criminal Code of Canada; police use these laws to lay charges, and use liquor violation laws as grounds to enter the premises. LGBT rights Around the world · By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      The 1981 Toronto bathhouse raids marked a major turning point in the history of the lesbian, gay, bisexual and transgendered community in Canada. ... The Canadian Criminal Code (formal title An Act respecting the Criminal Law) is the codification of most of the criminal offenses and procedure in Canada. ...


In 1982, Canada patriated its Constitution, to which it added the Canadian Charter of Rights and Freedoms. Section 15 of the Charter, which guarantees equality "before and under the law" and the "right to the equal protection and equal benefit of the law without discrimination" does not explicitly list sexual orientation, but was designed to permit the addition of new grounds by the courts. In 1995, the Supreme Court of Canada ruled that "sexual orientation" should be 'read in' to Section 15. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ...


In the 1980s, several attempts were made to add "sexual orientation" into the federal government's Human Rights Act, an amendment that did not take place until 1996.


In 1986, sexual orientation was added to the Ontario Human Rights Code as a prohibited ground for discrimination. Like most other human rights acts in Canada, this act prohibits discrimination in employment, housing, services and certain other activities in the public and private sectors, but it does not apply to federally regulated activities. The Ontario Human Rights Code is a provincial law in the province of Ontario, Canada that gives all citizens of the province equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. ...


In 1987, sexual orientation was added to the Manitoba Human Rights Act, and included in the newly adopted Yukon Human Rights Act. Motto: Gloriosus et Liber (Latin: Glorious and free) BC AB SK MB ON QC NB PE NS NL YT NT NU Capital Winnipeg Largest city Winnipeg Official languages English Government - Lieutenant-Governor John Harvard - Premier Gary Doer (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation... This article or section is in need of attention from an expert on the subject. ...


In 1988, New Democratic Party Member of Parliament (MP) Svend Robinson became the first MP to come out, declaring that he is gay to the media outside the House of Commons. In the same year, the United Church of Canada became the first church in Canada to allow the ordination of gays and lesbians.[1] This article is about the Canadian political party. ... A Member of Parliament, or MP, is a representative elected by the voters to a parliament. ... Svend Robinson Svend Johannes Robinson (born March 4, 1952) is a Canadian politician and prominent activist for gay rights. ... Come Out was composed by Steve Reiche in 1966. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ... The United Church of Canada (French: lÉglise Unie du Canada) is Canadas second largest church (after the Roman Catholic Church), and its largest Protestant denomination. ... Ordination is the process in which clergy become authorized by their religious denomination and/or seminary to perform religious rituals and ceremonies. ...


In 1991, sexual orientation was added to the Nova Scotia Human Rights Act. Motto: Munit Haec et Altera Vincit(Latin) One defends and the other conquers Capital Halifax Largest city Halifax Regional Municipality Official languages English Government - Lieutenant-Governor Mayann E. Francis - Premier Rodney MacDonald (PC) Federal representation in Canadian Parliament - House seats 11 - Senate seats 10 Confederation July 1, 1867 (1st) Area...


In 1992, then-Justice Minister and Attorney General of Canada, Kim Campbell (who later became Canada's first female prime minister) announced that Canada was lifting its ban on homosexuals in the military, allowing them to serve openly and live on-base with their partners. Canada was one of the first countries to allow this. Sexual orientation was added to the human rights laws of New Brunswick and British Columbia. Avril Phaedra Douglas Campbell, PC, QC, LL.B, LL.D (h. ... Motto: Spem reduxit (Hope restored) Capital Fredericton Largest city Saint John Official languages English, French (the only constitutionally bilingual province in the country) Government - Lieutenant-Governor Herménégilde Chiasson - Premier Shawn Graham (Liberal) Federal representation in Canadian Parliament - House seats 10 - Senate seats 10 Confederation July 1, 1867 (1st... Motto: Splendor Sine Occasu (Latin: Splendour without diminishment) Capital Victoria Largest city Vancouver Official languages English Government - Lieutenant-Governor Iona Campagnolo - Premier Gordon Campbell (BC Liberal) Federal representation in Canadian Parliament - House seats 36 - Senate seats 6 Confederation July 20, 1871 (6th province) Area  Ranked 4th - Total 944,735 km...


In 1993, sexual orientation was added to the Saskatchewan Human Rights Act. Motto: Multis E Gentibus Vires (Latin: The Strength of Many Peoples) Capital Regina Largest city Saskatoon Official languages English Government - Lieutenant-Governor Gordon Barnhart - Premier Lorne Calvert (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation September 1, 1905 (Split from NWT) (9th (province)) Area  Ranked...


In 1994, the Supreme Court ruled that gays and lesbians could apply for refugee status based on their sexual orientation.


In 1995, the Supreme Court of Canada ruled in Egan v. Canada that "sexual orientation" should be 'read in' to Section 15 of the Canadian Charter of Rights and Freedoms, a part of the constitution. The ruling had a wide impact since section 15 applies to all laws, including human rights acts that prohibit discrimination by all employers, landlords, service providers and governments. A court in Ontario ruled that gay and lesbian couples wishing to adopt jointly should be allowed to do so, making Ontario the first province to allow this. Currently, nearly all provinces allow gay and lesbian couples (and single gays and lesbians) to adopt children. The Newfoundland Human Rights Act was amended to include sexual orientation. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Egan v. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... This article is about discrimination in the social science context. ... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area [1] Ranked... For other uses, see Newfoundland (disambiguation). ...


In 1996, sexual orientation was added to the Canadian Human Rights Act, an anti-discrimination law that applies to federally regulated activities throughout Canada. The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vicitims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. ...


In 1998, the Supreme Court of Canada decided in the Vriend v. Alberta case in 1998 that section 15 of the Canadian Charter, as interpreted in Egan v. Canada, required that the Alberta human rights law be read and applied as if the words "sexual orientation" were included. Glen Murray was elected Mayor of Winnipeg becoming the first openly gay Mayor of a large North American city. The Prince Edward Island Human Rights Act was amended to include sexual orientation. Vriend v. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ... Egan v. ... Glen Murray (born October 27, 1957) is a politician who was formerly the mayor of Winnipeg, Manitoba. ... List of mayors of Winnipeg, Manitoba: 1874 Francis Evans Cornish, Q. C. 1875–76 William Nassau Kennedy 1877–78 Thomas Scott 1879–80 Alexander Logan 1881 Elias George Conklin 1882 Alexander Logan 1883 Alexander McMicken 1884 Alexander Logan 1885 Charles Edward Hamilton 1886 Henry Shaver Wesbrook 1887... Motto: i lost P.E.I. again mom:well, look under the couch Capital Charlottetown Largest city Charlottetown Official languages English Government - Lieutenant-Governor Barbara Oliver Hagerman - Premier Pat Binns (PC) Federal representation in Canadian Parliament - House seats 4 - Senate seats 4 Confederation July 1, 1873 (7th) Area Ranked 13th...


In 1999, gays and lesbians scored a major victory when the Supreme Court of Canada ruled that gay and lesbian couples should have the same rights as heterosexual common-law couples. In June 1999, a 216-55 vote in the House of Commons supported the preserving legal definition of "marriage" as union of a man and a woman.[1] Sexual orientation is included in the newly adopted Nunavut Human Rights Act. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute is, historically, a form of interpersonal status in which a man and a woman are legally married. ... The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ... Motto: Nunavut Sannginivut (Inuktitut: Nunavut our strength or Our land our strength) Capital Iqaluit Largest city Iqaluit Official languages Inuktitut, Inuinnaqtun, English, French Government - Commissioner Ann Meekitjuk Hanson - Premier Paul Okalik (Consensus government) Federal representation in Canadian Parliament - House seats 1 (Nancy Karetak-Lindell) - Senate seats 1 (Willie Adams) Confederation...


In April 2000, the federal Liberal government responded to the 1999 Supreme Court decision by passing a bill (C-23) which amended 68 federal statutes, including pension benefits, bankruptcy protection, income taxes, old age security, and immigration, among others, to grant equal rights to homosexual common-law couples.[1]


In 2000, the Canadian Supreme Court ruled that gay publications, even those that were sexually explicit were protected by the freedom of speech and expression clauses in the Canadian Charter of Rights and Freedoms. This ended a common police practice of seizing gay publications for being obscene.


In 2001, NDP MP Libby Davies publicly acknowledged she had a female partner, becoming the country's first (and so far only) openly lesbian Member of Parliament. Libby Davies (born February 27, 1953) is a Canadian Member of Parliament for the New Democratic Party, representing the riding of Vancouver East in Vancouver, British Columbia. ...


In 2002, sexual orientation and gender identity were included in the Northwest Territories Human Rights Act. Motto: none Capital Yellowknife Largest city Yellowknife Official languages Chipewyan, Cree, English, French, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey, Tłįchǫ [1] Government - Commissioner Tony Whitford - Premier Joe Handley (Consensus government (no party affiliations)) Federal representation in Canadian Parliament - House seats 1 - Senate seats 1 Confederation 1870...


In 2003, the British Columbia Court of Appeal made a unanimous decision that limiting the definition of marriage to heterosexual couples violated equality rights. The ruling was not effective immediately, but allowed a two year transition period for Ottawa to legally recognize same-sex marriage.[1] In June, the Ontario Court of Appeal upheld the decision of a lower court to allow same-sex marriage.


In May 2004, the House of Commons and the Senate passed Bill C-250, which added "sexual orientation" to the "hate propaganda" section of the Criminal Code, thus making it illegal for people to propagate hate based on sexual orientation. This did not include clergymen however.


In July 2004, Scott Brison, who had previously run for the leadership of the Progressive Conservative Party of Canada was appointed Minister of Public Works and Government Services by Liberal Prime Minister Paul Martin, becoming Canada's first openly gay cabinet member. Scott A. Brison, PC, MP, BComm (born May 10, 1967, Windsor, Nova Scotia) is a Canadian politician. ... This article or section does not adequately cite its references or sources. ... In the Cabinet of Canada, The Minister of Public Works and Government Services is responsible for overseeing the federal governments common service organization (Public Works and Government Services Canada), an expansive department responsible for the internal servicing and administration of the federal government. ... The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... Paul Edgar Philippe Martin (born August 28, 1938) was the 21st Prime Minister of Canada and a former leader of the Liberal Party of Canada. ...


In December 2004, the Supreme Court of Canada replied to the federal government's draft legislation that would legalize gay marriage nationwide. The Court ruled that the federal government has the exclusive authority to define marriage, that same-sex marriage was constitutional and was far from violating it, in fact "it flowed from" it, and that religious officials can't be forced to perform gay weddings. The Court refused to answer whether or not the traditional definition of marriage was consistent with the Charter.


On June 28th, 2005, by a vote of 158-133, the House of Commons passed Bill C-38, the Civil Marriage Act and on July 19th, 2005, by a vote of 47-21, the Senate gave its approval to the bill.


On July 20th, 2005, C-38 received royal assent from Chief Justice of The Supreme Court of Canada, Beverley McLachlin, acting in her role as deputy governor general. Canada has become the fourth country to officially sanction gay marriage nationwide, behind Belgium, The Netherlands, and Spain. Same-sex marriages began in Ontario and British Columbia in 2003, with other provinces following via court challenges. The Ontario Court of Appeal ordered a religious same-sex marriage that was performed in 2001, legally valid.


As of 2005, all provinces (except Alberta) and territories have included "sexual orientation" in their human rights laws, and the Northwest Territories include "gender identity" in theirs. While the Alberta law had still not been amended in 2005, the Supreme Court of Canada had decided in the Vriend v. Alberta case in 1998 that section 15 of the Canadian Charter required that the Alberta law be read and applied as if the words "sexual orientation" were included. Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Motto: none Capital Yellowknife Largest city Yellowknife Official languages Chipewyan, Cree, English, French, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey, Tłįchǫ [1] Government - Commissioner Tony Whitford - Premier Joe Handley (Consensus government (no party affiliations)) Federal representation in Canadian Parliament - House seats 1 - Senate seats 1 Confederation 1870... Vriend v. ... The Canadian Charter of Rights and Freedoms is a constitutionally entrenched bill of rights which forms part of the Constitution Act, 1982, added to the Constitution of Canada in 1982. ...


Constitutional framework

The Charter, signed by Prime Minister Pierre Trudeau in 1981.

Enforcement mechanism Image File history File links Charter. ... Image File history File links Charter. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Prime Minister of Canada (French: Premier ministre du Canada), is the Minister of the Crown who is head of the Government of Canada. ... For other uses, see Pierre Elliott Trudeau (disambiguation). ...


The rights of LGBT Canadians are now nearly as well protected as those of other Canadians largely due to several court decisions decided under Section 15 of the Canadian Charter of Rights and Freedoms that was included in the Constitution of Canada in 1982, with Section 15 coming into effect in 1985. Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... Regions Political culture Foreign relations Other countries Atlas  Politics Portal      The Constitution of Canada is the supreme law in Canada. ...


Some of the cases were funded under the federal government's Court Challenges Program[2], which in 1985 was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter. There has also been some funding to challenge provincial laws under a variety of programs, but its availability has varied considerably from province to province[3].


Equality rights


The Constitution of Canada does not explicitly grant or deny any right to LGBT people, and Section 15 of the Charter prohibits the main types of discrimination to which LGBT Canadians may be subject. Section 15(1) reads:

"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

Section 15 was written so as to protect against discrimination generally, with the "enumerated" grounds of prohibited discrimination (race, sex, etc.) being only examples instead of a comprehensive list. In 1995, in Egan v. Canada, the Supreme Court of Canada recognized that sexual orientation was implicitly included in section 15 as an "analogous ground." Egan v. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ...


The grounds "sex" and "physical disability," have been interpreted to include transsexuality[4] and HIV/AIDS (see discussion below). Look up Transsexuality in Wiktionary, the free dictionary. ... Acquired Immune Deficiency Syndrome or acquired immunodeficiency syndrome (AIDS or Aids) is a collection of symptoms and infections resulting from the specific damage to the immune system caused by the human immunodeficiency virus (HIV). ... Canada has enshrined more legal rights for LGBT people than many other liberal nations. ...


Section 15 applies to all laws and law enforcement (including government programs defined by laws) by all governments in Canada, but the Charter does not give rights against the private sector. For example, a discrimination complaint against a restaurant would need to be filed under a human rights act, not the Charter. A Human Rights Act is a piece of shit what a pile of wank legislation that sets out individual rights and freedoms under law. ...


Exceptions


The entire Charter is also subject to a general exception in section 1 that allows "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." The Oakes Test sets out the Supreme Court of Canada's interpretation of this exception. This analysis may consider conflicting Charter rights. For example, the right to equality based on sexual orientation under section 15 may be limited by the freedom of religion under section 2, and vice versa. It may also be limited by the right to denominational (religious) schools under section 93 of the Constitution. Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... The Canadian Charter of Rights and Freedoms. ...


In addition, section 15 and a few other Charter sections are subject to the "notwithstanding clause" of the Charter that allows governments to declare that a law is exempt from the Charter for up to five years, which exemption may be renewed any number of times. In 2000, Alberta amended its Marriage Act[5] to define marriage as being between a man and a woman. The law included a notwithstanding clause, but the amendment was nevertheless invalid since the capacity to marry is a matter of exclusive federal jurisdiction according to the constitution[6]. The notwithstanding clause can only be used to make exceptions to the Charter; it cannot change the federal division of powers. In any case, the five year exemption period expired in 2005. Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ... Motto: Fortis et liber(Latin) Strong and free Capital Edmonton Largest city Calgary Official languages English (see below) Government - Lieutenant-Governor Norman Kwong - Premier Ed Stelmach (PC) Federal representation in Canadian Parliament - House seats 28 - Senate seats 6 Confederation September 1, 1905 (split from Northwest Territories) (8th [Province]) Area Ranked...


The notwithstanding clause has never been used by the federal government; it is generally believed that this is because it would constitute a politically embarrassing admission that the law in question violated human rights. On December 15, 2005, before his party formed the new government, Prime Minister Stephen Harper stated that his government would resubmit the same-sex marriage issue to Parliament without relying on the notwithstanding clause, but his first-appointed Minister of Justice, Vic Toews, publicly stated that he supported the use of the notwithstanding clause in some cases[7]. Stephen Joseph Harper (born April 30, 1959) is the 22nd and current Prime Minister of Canada and leader of the Conservative Party of Canada. ... Victor Vic Toews, PC, MP [teıvz] (born September 10, 1952) is a Canadian politician. ...


Freedom from discrimination in employment, housing and public services

"March of Hearts" rally for same-sex marriage in Canada on Parliament Hill in Ottawa, March 6, 2004

Enforcement mechanism Image File history File linksMetadata Download high resolution version (896x592, 84 KB) Summary Author: en:User:Montrealais Description: The March of Hearts on Parliament Hill for same-sex marriage in Canada Date: March 6, 2004 Source: Uploaded as en:Image:March-of-hearts. ... Image File history File linksMetadata Download high resolution version (896x592, 84 KB) Summary Author: en:User:Montrealais Description: The March of Hearts on Parliament Hill for same-sex marriage in Canada Date: March 6, 2004 Source: Uploaded as en:Image:March-of-hearts. ... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ... Centre Block, Parliament Hill, Ottawa, Canada Parliament Hill, (French Colline du Parlement), -The Hill for locals- is a scenic location on the banks of the Ottawa River in downtown Ottawa, Canada. ... Motto: Advance Ottawa/Ottawa en avant Location of the City of Ottawa in the Province of Ontario Coordinates: Country Canada Province Ontario Established 1850 as Town of Bytown Incorporated 1855 as City of Ottawa Amalgamated January 1, 2001 Government  - Mayor Larry OBrien  - City Council Ottawa City Council  - Representatives 8...


The federal government and every province and territory in Canada has a human rights act that prohibits discrimination and harassment on several grounds (e.g. race, sex, religion) in private and public sector employment, housing, public services and publicity. Some acts also apply to additional activities. Human rights acts are quasi-constitutional laws that override ordinary laws as well as regulations, contracts and collective agreements[8]. They are typically enforced by human rights commissions and tribunals through a complaint investigation, conciliation and arbitration process that is slow, but free, and includes protection against retaliation. A lawyer is not required. A Human Rights Act is a piece of shit what a pile of wank legislation that sets out individual rights and freedoms under law. ...


Grounds of prohibited discrimination


In 1977, the Quebec Charter of Rights and Freedoms, which is both a charter of rights and a human rights act, was amended to prohibit discrimination based on sexual orientation. Thus, the province of Quebec became the first jurisdiction in the world larger than a city or county to prohibit sexual orientation discrimination in the private and public sectors. Today, "sexual orientation" is explicitly mentioned as a ground of prohibited discrimination in the human rights acts of all jurisdictions except Alberta, where, as a result of the Vriend case, the act must nevertheless be read and applied as if "sexual orientation" were mentioned. The Quebec Charter of Human Rights and Freedoms was passed by the National Assembly of Quebec in 1975. ... Sexual orientation refers to the direction of an individuals sexuality, normally conceived of as falling into several significant categories based around the sex or gender that the individual finds attractive. ... Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... Motto: Fortis et liber(Latin) Strong and free Capital Edmonton Largest city Calgary Official languages English (see below) Government - Lieutenant-Governor Norman Kwong - Premier Ed Stelmach (PC) Federal representation in Canadian Parliament - House seats 28 - Senate seats 6 Confederation September 1, 1905 (split from Northwest Territories) (8th [Province]) Area Ranked... Vriend v. ...


The Yukon Human Rights Act defines "sexual orientation" as "heterosexual, homosexual and bisexual and refers only to consenting adults acting within the law."[9]. Sexual orientation is not defined in any other human rights act, but is widely interpreted as meaning heterosexuality, homosexuality and bisexuality. It does not include transsexuality or transgendered people[10]. The Federal Court of Canada has stated that sexual orientation "is a precise legal concept that deals specifically with an individual's preference in terms of gender" in sexual relationships, and is not vague or overly broad[11]. The Ontario Human Rights Commission has adopted the following definition: This article or section is in need of attention from an expert on the subject. ... This article or section is in need of attention from an expert on the subject. ... Homosexuality refers to sexual interaction and / or romantic attraction between individuals of the same sex. ... Bisexuality is a sexual orientation which refers to the romantic and/or sexual attraction of individuals to other individuals of both their own and the opposite gender or sex. ... Look up Transsexuality in Wiktionary, the free dictionary. ... Transgender is generally used as a catch-all umbrella term for a variety of individuals, behaviors, and groups centered around the full or partial reversal of gender roles; however, compare other definitions below. ... The Ontario Human Rights Commission was established in the Canadian province of Ontario in 1961 to administer the Ontario Human Rights Code. ...

"Sexual orientation is more than simply a 'status' that an individual possesses; it is an immutable personal characteristic that forms part of an individual’s core identity. Sexual orientation encompasses the range of human sexuality from gay and lesbian to bisexual and heterosexual orientations[12]."

All human rights laws in Canada also explicitly prohibit discrimination based on disability, which has been interpreted to include AIDS, ARC and being HIV positive, and membership in a high-risk group for HIV infection[4]. Look up disability in Wiktionary, the free dictionary. ... Acquired Immune Deficiency Syndrome or acquired immunodeficiency syndrome (AIDS or Aids) is a collection of symptoms and infections resulting from the specific damage to the immune system caused by the human immunodeficiency virus (HIV). ... Species Human immunodeficiency virus 1 Human immunodeficiency virus 2 Human immunodeficiency virus (HIV) is a retrovirus that causes acquired immunodeficiency syndrome (AIDS, a condition in humans in which the immune system begins to fail, leading to life-threatening opportunistic infections). ...


All Canadian human rights laws probably also prohibit discrimination against pre-operative, transitioning and post-operative transsexual persons, though the protection is explicit only in the Northwest Territories, where "gender identity" is explicitly listed as a ground in the human rights act[13]. In Manitoba, transsexual persons are likely protected by the Human Rights Code under the enumerated grounds "sex" or "gender-determined characteristics" or as an unenumerated ground "gender identity" under section 9(1)(a) of the Code[14]. In addition, human rights commissions consider that sex discrimination includes discrimination based on transsexuality at the federal level[15] and in Quebec[16], and discrimination based on transgenderism generally (including transsexuality) in British Columbia[17] and Ontario[18]. Look up Transsexuality in Wiktionary, the free dictionary. ... Transitioning is the process of ceasing to live in one gender role and starting to live in another, undertaken by transgender and transsexual people. ... A transsexual (sometimes transexual) person establishes a permanent identity with the opposite gender to their assigned (usually at birth) sex. ... Motto: none Capital Yellowknife Largest city Yellowknife Official languages Chipewyan, Cree, English, French, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey, TłįchÇ« [1] Government - Commissioner Tony Whitford - Premier Joe Handley (Consensus government (no party affiliations)) Federal representation in Canadian Parliament - House seats 1 - Senate seats 1 Confederation 1870... This does not cite any references or sources. ... Motto: Gloriosus et Liber (Latin: Glorious and free) BC AB SK MB ON QC NB PE NS NL YT NT NU Capital Winnipeg Largest city Winnipeg Official languages English Government - Lieutenant-Governor John Harvard - Premier Gary Doer (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation... Motto: Splendor Sine Occasu (Latin: Splendour without diminishment) Capital Victoria Largest city Vancouver Official languages English Government - Lieutenant-Governor Iona Campagnolo - Premier Gordon Campbell (BC Liberal) Federal representation in Canadian Parliament - House seats 36 - Senate seats 6 Confederation July 20, 1871 (6th province) Area  Ranked 4th - Total 944,735 km... Motto: Ut Incepit Fidelis Sic Permanet (Latin: Loyal she began, loyal she remains) Capital Toronto Largest city Toronto Official languages English Government - Lieutenant-Governor James K. Bartleman - Premier Dalton McGuinty (Liberal) Federal representation in Canadian Parliament - House seats 106 - Senate seats 24 Confederation July 1, 1867 (1st) Area [1] Ranked...


"Gender identity" is not defined in any human rights act, but the Ontario Human Rights Commission has defined it as follows:

Gender identity is linked to an individual’s intrinsic sense of self and, particularly the sense of being male or female. Gender identity may or may not conform to a person's birth assigned sex. The personal characteristics that are associated with gender identity include self-image, physical and biological appearance, expression, behaviour and conduct, as they relate to gender.

*****
Individuals whose birth-assigned sex does not conform to their gender identity include transsexuals, transgenderists, intersexed persons and cross-dressers. A person’s gender identity is fundamentally different from and not determinative of their sexual orientation[18].

While it is probable that discrimination based on transsexuality is prohibited throughout Canada, it is unclear whether discrimination against other transgendered persons is prohibited. There is no case-law stating that it is a form of sex discrimination (as of February 2006), but there is jurisprudence that it is not a form of "sexual orientation" discrimination[10]. The human rights commissions of British Columbia[17] and Ontario[18]consider that sex discrimination includes discrimination against transgendered persons generally.


In 2005, NDP MP Bill Siksay introduced a bill in the House of Commons to explicitly add gender identity and expression as prohibited grounds of discrimination in the Canadian Human Rights Act. He reintroduced the bill in 2006. Bill Siksay, British Columbia MP for Burnaby-Douglas William Bill Siksay, MP (born March 11, 1955, in Oshawa, Ontario) is a Canadian politician, the Member of Parliament (MP) who represents the British Columbia riding of Burnaby—Douglas for the New Democratic Party. ...


Activities where equality guaranteed


Accordingly, discrimination, including harassment, based on real or perceived sexual orientation or HIV/AIDS (and probably transsexuality and possibly transgenderism) is prohibited throughout Canada in private and public sector employment, housing, services provided to the public and publicity. All aspects of employment are covered, including benefits for spouses and long-term partners. Examples of services include credit, insurance, government programs, hotels and schools open to the public. Schools open to the public are liable for anti-gay name-calling and bullying by students or staff[19]. LGB Canadians have been allowed to serve in the military since the Douglas case was settled in 1992[20].


Prohibited discrimination occurs not only when someone is treated less favorably or is harassed based on a prohibited ground, but also when a uniform policy or practice has a perhaps unintended disproportionately adverse effect based on the ground. This is called "adverse effect discrimination." For example, it might in theory be discriminatory for schools open to the public to require parental consent for student participation in all school clubs, assuming that students are less likely to ask for or get permission to participate in Gay-Straight Alliance clubs. The pride flag, news articles, and flyers for social events on this high school bulletin board represent the diverse support and advocacy purposes that GSAs serve. ...


Exceptions


Human rights acts have no exceptions specifically for sexual orientation or gender identity, except in Saskatchewan, where owners who reside in one unit of a duplex may discriminate on the basis of sex and sexual orientation with respect to the tenants of the other unit[21], and in the Yukon, where the protection against sexual orientation discrimination only applies to "consenting adults acting within the law."[9]. To the extent that the Yukon wording means that minors are not protected against anti-gay discrimination, its constitutionality is dubious as it appears to be inconsistent with the Vriend case and the prohibition of age discrimination in section 15 of the Charter. Motto: Multis E Gentibus Vires (Latin: The Strength of Many Peoples) Capital Regina Largest city Saskatoon Official languages English Government - Lieutenant-Governor Gordon Barnhart - Premier Lorne Calvert (NDP) Federal representation in Canadian Parliament - House seats 14 - Senate seats 6 Confederation September 1, 1905 (Split from NWT) (9th (province)) Area  Ranked... Vriend v. ... Section Fifteen of the Canadian Charter of Rights and Freedoms consist of the equality rights guarantee of the Charter against all forms of discrimination perpetrated by the government with the exception of ameliorative programs (affirmative action). ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...


However, human rights acts typically include an exception for "bona fide requirements" or qualifications that applies to most grounds (e.g. sex, sexual orientation, disability), but only when the stringent requirements of the Meiorin Test are met. British Columbia (Public Service Employee Relations Commission) v. ...


Since, human rights acts are quasi-constitutional laws, it is not possible for job applicants or unions, for example, to sign away equality rights[8]. However, other laws may explicitly say that they apply notwithstanding a human rights act.


Results


Despite these protections, discrimination against LGBT people is fairly common in Canada. Yet complaints based on sexual orientation represent a small proportion of the complaints filed under human rights acts. This is believed to be because LGBT Canadians disproportionately avoid filing human rights complaints since the complaint process would tend to further disclose their sexual orientation and thus expose them to further discrimination. Most LGBT Canadians avoid discrimination by remaining entirely or partly closeted. For the small enclosed storage space, also known as a cupboard, see closet. ...


Schools and other educational institutions

Some schools have Gay-Straight Alliances or similar groups to counter homophobia and bullying and provide support for LGBT students in school.

The rights of LGBT students and staff in an educational institution vary considerably depending on whether the institution is religious and/or open to the public, since human rights acts do not prohibit discrimination against pupils of private schools and the Charter does not prohibit discrimination by churches, associations and businesses, while section 2 of the Charter protects freedom of religion and section 93 of the Constitution recognizes the right to denominational schools in certain cases. Image File history File links Download high resolution version (2272x1704, 860 KB) Image created by Lauren Stokes on February 7, 2005 Picture of the Gay-Straight Alliance Board at Kent Place School File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this... Image File history File links Download high resolution version (2272x1704, 860 KB) Image created by Lauren Stokes on February 7, 2005 Picture of the Gay-Straight Alliance Board at Kent Place School File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this... The pride flag, news articles, and flyers for social events on this high school bulletin board represent the diverse support and advocacy purposes that GSAs serve. ... The Charter, signed by Prime Minister Pierre Trudeau in 1981. ... The Canadian Charter of Rights and Freedoms. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ...


The curricula of public schools, particularly in BC, are now being amended to incorporate LGBT topics. Peter and Murray Corren on their wedding day Peter Corren (né Cook) and Murray Corren (né Warren) — Corren is a combination of their former names — are LGBT-rights activists from Vancouver, British Columbia whose complaint before the BC Human Rights Tribunal led to an agreement by which the provincial Ministry...


Religious educational institutions may in many cases discriminate based on sexual orientation against students and staff according to religious doctrine. Nevertheless, if they rent facilities to the general public on a commercial basis without regard to their religion, they may not refuse to rent them to LGBT groups[22]


However, most educational institutions, including privately-owned schools open to the general public, are public services. They are subject to human rights acts and are strictly required to not discriminate against staff or students based on all the prohibited grounds, including sexual orientation, HIV/AIDS (and probably transsexuality and possibly transgenderism, see Grounds of prohibited discrimination above). They are strictly liable for harassment, name-calling and bullying of students and staff by staff on these grounds. In addition, as a result of the Jubran[19] decision, they are liable for most such behaviour by students. They may be liable for anti-gay bullying even if the victim is not gay, nor believed to be (e.g. when a bully knowingly makes a false claim that a girl is a lesbian so that she will be ostracized or bullied by others or pressured to have sex with a boy to prove otherwise).


Furthermore, it may not be enough for schools to progressively discipline bullies when this is ineffective. Schools are responsible for providing an educational environment that is free from discriminatory harassment, and this may require them to provide "resources to adopt a broader, educative approach to deal with the difficult issues of harassment, homophobia and discrimination." [19] The Supreme Court of Canada declined to hear an appeal from the Jubran decision, thus adding to its authoritativeness.


Public education governance bodies may place limits on the freedom of expression and the freedom of religion rights of teachers and school counsellors with respect to statements they may make regarding LGBT issues, both on and off the job. Teachers and school counsellors are considered to hold positions of trust and influence over young people and are required to ensure that their public statements do not impair public confidence in the school system or create an unwelcoming or intolerant school environment[23] [24]. Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ...


Exceptions


There are no legal exceptions that limit the rights of LGBT students specifically, except that the Yukon Human Rights Act[9] defines sexual orientation in a way that excludes minors from protection. The constitutionality of this wording is dubious (see discussion above).


Results


As of 2006, few schools in Canada have implemented the Jubran requirements, and anti-gay bullying and name-calling by students is very common. Anti-gay insults such as "faggot," "queer", "homo" and "gay" are generally considered to be the most offensive and hurtful of all insults. Among youths, the use of the word "gay" has been extended so that it means inferior, worthless, effeminate or stupid in general; it does not necessarily mean homosexual. The rate of suicide and depression among LGBT youths is exceptionally high, especially when they first come out to themselves, have little support or are subject to bullying and ostracism. To counter homophobia and bullying in school and to provide support to LGBT students, students in some schools have set up Gay-Straight Alliance or similar groups[25], sometimes with support from teachers associations[26]. Look up faggot in Wiktionary, the free dictionary. ... The word queer has traditionally meant strange or unusual, but it is also currently often used in reference to lesbian, gay, bisexual, transgender, intersex, and asexual communities. ... GAY can mean: Gay, a term referring to homosexual men or women The IATA code for Gaya Airport Category: ... Coming out of the closet (often shortened to coming out in winking reference to the public introduction of debutantes) describes the voluntary public announcement of ones (primarily homosexual or bisexual) sexual orientation or gender identity. ... A protest by The Westboro Baptist Church; a group identified by the Anti-Defamation League as virulently homophobic. ... The pride flag, news articles, and flyers for social events on this high school bulletin board represent the diverse support and advocacy purposes that GSAs serve. ...


Same-sex marriage

Michael Hendricks (right) and René Leboeuf were married in Montreal in 2004
Main article: Same-sex marriage in Canada

Between 2002 and 2005, courts in several provinces and one territory ruled that restricting marriage to opposite-sex couples constitutes a form of discrimination that is prohibited by Section 15 of the Charter of Rights and Freedoms, and struck down the federal definition, requiring that those jurisdictions register same-sex marriages. The first ruling required the federal government to draft legislation recognizing same-sex marriage, but later rulings brought the new definition into effect immediately in the jurisdictions concerned. Canadian jurisdictions thereby became the third in the world to allow same-sex marriage, after the Netherlands and Belgium. Michael Hendricks (right) and René Leboeuf, photo showing both their faces. ... Michael Hendricks (right) and René Leboeuf, photo showing both their faces. ... Michael Hendricks (right) and René Leboeuf Michael Hendricks and René Leboeuf are Canadian gay rights advocates, known for their advocacy of same-sex marriage in Canada. ... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ...   CA, CT, MD, NY, NJ, OR, RI, VT, WA See also Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      Same-sex marriage is a term for a governmentally, socially, or religiously recognized marriage in which two people of the same sex live...


By July 2005, same-sex marriages were legally recognized in all provinces and territories except Alberta, Prince Edward Island, Northwest Territories and Nunavut, encompassing over 85% of Canada's population of roughly 29 million people. (See Same-sex marriage in Canada.) Motto: Fortis et liber(Latin) Strong and free Capital Edmonton Largest city Calgary Official languages English (see below) Government - Lieutenant-Governor Norman Kwong - Premier Ed Stelmach (PC) Federal representation in Canadian Parliament - House seats 28 - Senate seats 6 Confederation September 1, 1905 (split from Northwest Territories) (8th [Province]) Area Ranked... Motto: i lost P.E.I. again mom:well, look under the couch Capital Charlottetown Largest city Charlottetown Official languages English Government - Lieutenant-Governor Barbara Oliver Hagerman - Premier Pat Binns (PC) Federal representation in Canadian Parliament - House seats 4 - Senate seats 4 Confederation July 1, 1873 (7th) Area Ranked 13th... Motto: none Capital Yellowknife Largest city Yellowknife Official languages Chipewyan, Cree, English, French, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey, Tłįchǫ [1] Government - Commissioner Tony Whitford - Premier Joe Handley (Consensus government (no party affiliations)) Federal representation in Canadian Parliament - House seats 1 - Senate seats 1 Confederation 1870... Motto: Nunavut Sannginivut (Inuktitut: Nunavut our strength or Our land our strength) Capital Iqaluit Largest city Iqaluit Official languages Inuktitut, Inuinnaqtun, English, French Government - Commissioner Ann Meekitjuk Hanson - Premier Paul Okalik (Consensus government) Federal representation in Canadian Parliament - House seats 1 (Nancy Karetak-Lindell) - Senate seats 1 (Willie Adams) Confederation... Same-sex marriage was legalized across Canada by the Civil Marriage Act enacted on July 20, 2005. ...


The federal government announced in the summer of 2003 that it would not appeal the decisions, and would draft legislation to allow same-sex marriages across the country. The bill was put before the Supreme Court of Canada to ensure that it would withstand a Charter challenge by those who oppose same-sex marriage. The Supreme Court heard arguments on the draft legislation in October of 2004. The bill was passed by Parliament in July 2005 making Canada the fourth country to legalize same-sex marriage nationwide, and the first to do so without a residency requirement. (See Civil Marriage Act) The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... The Civil Marriage Act (full title: An Act respecting certain aspects of legal capacity for marriage for civil purposes) was introduced as Bill C-38 in the first session of the 38th Canadian Parliament on February 1, 2005. ...


LGBT influence on national politics

In the House of Commons, three parties support LGBT rights with varying degrees. The New Democratic Party and Bloc Québécois are the most vocal supporters of these rights, and the Liberal Party of Canada is divided in its approach to the issue, but it mainly advocates equal rights for LGBT citizens. The Conservative Party of Canada is largely opposed to LGBT rights, although some members, typically former members of the Progressive Conservative Party, have supported LGBT rights, including same-sex marriage. Former members of the Canadian Alliance have generally opposed expanded LGBT rights, and some former CA MPs who are now Conservative MPs have been rebuked for calls to re-criminalize homosexuality.[citation needed] The House of Commons (French: Chambre des communes) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the Senate. ... This article is about the Canadian political party. ... The Bloc Québécois is a centre-left federal political party in Canada that is devoted to the promotion of sovereignty for Quebec. ... The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... The Conservative Party of Canada (French: Parti conservateur du Canada), colloquially known as the Tories, is a conservative political party in Canada, formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in December 2003. ... This article or section does not adequately cite its references or sources. ... The Canadian Alliance, formally the Canadian Reform Conservative Alliance, was a Canadian conservative political party that existed from 2000 to 2003. ...


Svend Robinson is notable for having been the first MP to come out as a homosexual, in spring 1988. He has since been followed by other gay and lesbian politicians in Parliament: fellow New Democrats Libby Davies and Bill Siksay, Bloc Québécois MPs Réal Ménard and Raymond Gravel, and Liberal Party of Canada MPs Scott Brison and Mario Silva, as well as Senators Laurier LaPierre and Nancy Ruth. The New Democratic Party's shadow cabinet contains a critic for LGBT rights, the only spokesperson so designated in the House; this position is currently held by Bill Siksay. Svend Robinson Svend Johannes Robinson (born March 4, 1952) is a Canadian politician and prominent activist for gay rights. ... Come Out was composed by Steve Reiche in 1966. ... Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... Libby Davies (born February 27, 1953) is a Canadian Member of Parliament for the New Democratic Party, representing the riding of Vancouver East in Vancouver, British Columbia. ... Bill Siksay, British Columbia MP for Burnaby-Douglas William Bill Siksay, MP (born March 11, 1955, in Oshawa, Ontario) is a Canadian politician, the Member of Parliament (MP) who represents the British Columbia riding of Burnaby—Douglas for the New Democratic Party. ... The Bloc Québécois is a centre-left federal political party in Canada that is devoted to the promotion of sovereignty for Quebec. ... Réal Ménard (born May 13, 1962) is a Canadian politician, representing the Quebec riding of Hochelaga for the Bloc Québécois. ... Father Raymond Gravel (born 1952 in Saint-Damien-de-Brandon, Quebec) is a controversial Roman Catholic priest in Quebec, Canada. ... The Liberal Party of Canada (French: ), colloquially known as the Grits (originally Clear Grits), is a Canadian federal political party. ... Scott A. Brison, PC, MP, BComm (born May 10, 1967, Windsor, Nova Scotia) is a Canadian politician. ... Mario Silva, MP (born June 11, 1966) is a Canadian politician. ... The Senate of Canada (French: Le Sénat du Canada) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the House of Commons. ... Laurier L. LaPierre (born November 21, 1929) is a retired Canadian Senator and former broadcaster, journalist and author. ... Nancy Ruth (born January 6, 1942 in Toronto, Ontario) is a Canadian senator from Ontario. ... The current New Democratic Party Shadow Cabinet is listed below. ...


There are currently five members of the House of Commons and one senator who openly identify as gay or lesbian. There is one former MP and one retired senator who openly identify as such. The Senate of Canada (French: Le Sénat du Canada) is a component of the Parliament of Canada, along with the Sovereign (represented by the Governor General) and the House of Commons. ...


Chris Lea, leader of the Green Party of Canada from 1990 to 1996, was the first openly gay political party leader in Canada. Svend Robinson became in 1995 the first out gay candidate for the leadership of a political party with representation in the House of Commons, although he was not successful. André Boisclair, the leader of the Parti Québécois, became the first openly gay leader of a party with parliamentary representation in North America; Allison Brewer, former leader of the New Brunswick New Democratic Party, was also elected leader as an out lesbian. Chris Lea is a politician and political activist in Canada. ... The Green Party of Canada is a Canadian federal political party founded in 1983. ... Year 1990 (MCMXC) was a common year starting on Monday (link displays the 1990 Gregorian calendar). ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... Year 1995 (MCMXCV) was a common year starting on Sunday (link will display full 1995 Gregorian calendar). ... André Boisclair (born April 14, 1966 in Montreal, Quebec) is a politician in Quebec, Canada. ... The Parti Québécois (PQ) is a political party that advocates national sovereignty for the Canadian province of Quebec and secession from Canada, as well as social democratic policies and has traditionally had support from the labour movement. ... Allison Brewer is a Canadian social activist and politician, and is the outgoing leader of the New Brunswick New Democratic Party. ... The New Brunswick New Democratic Party is a social democratic political party in New Brunswick, Canada that is linked with the federal New Democratic Party of Canada. ...


The provinces of Ontario (George Smitherman, Kathleen Wynne), British Columbia (Tim Stevenson, Lorne Mayencourt), and Manitoba (Jim Rondeau) have had openly gay provincial cabinet ministers. George Smitherman (b. ... Kathleen Wynne is a politician in Ontario, Canada. ... Tim Stevenson is a Canadian politician and United Church reverend. ... Lorne Mayencourt was first elected in the 2001 provincial general election. ... Jim Rondeau (April 6, 1959-) is a politician in Manitoba, Canada. ...


Footnotes

  1. ^ a b c d e Chronology: Same-sex marriage, Canada.com, Tuesday, June 28, 2005
  2. ^ Court Challenges Program of Canada URL accessed on March 10, 2006. <http://www.ccppcj.ca/e/about/about.shtml>
  3. ^ Arne Peltz & Betsy Gibbons, "Deep Discount Justice: The Challenge of Going to Court with a Charter Claim and No Money", 1999. URL accessed on March 10, 2006. <http://www.ccppcj.ca/documents/justice-e.html>
  4. ^ a b Walter S. Tarnopolsky, William F. Pentney & John D. Gardner (eds.), Discrimination and the Law, (Thomson, Scarborough, Ontario, 2004) page 7A-21 (Discrimination) (2003-Rel. 7) ISBN 088-8202-14-8
  5. ^ Marriage Act, R.S.A. 2000, c. M-5. URL accessed on March 10, 2006. <http://www.canlii.org/ab/laws/sta/m-5/20060217/whole.html>
  6. ^ Reference re Same-Sex Marriage, [2004] 3 S.C.R. 698, 2004 SCC 79 (CanLII) URL accessed on March 11, 2006. <http://www.canlii.org/ca/cas/scc/2004/2004scc79.html>
  7. ^ Robert Sheppard, "Reality Check: Notwithstanding Notwithstanding" CBC TV, Dec. 20, 2005. URL accessed on February 17, 2006. <http://www.cbc.ca/canadavotes/realitycheck/notwithstanding.html>
  8. ^ a b Winnipeg School Division No. 1 v. Craton [1985] 2 S.C.R. 150 (S.C.C.) Accessed on March 17, 2006. <http://www.lexum.umontreal.ca/csc-scc/en/pub/1985/vol2/html/1985scr2_0150.html>
  9. ^ a b c Human Rights Act R.S.Y. 2002 c. 116. Accessed March 3, 2006. <http://www.gov.yk.ca/legislation/acts/huri.pdf>
  10. ^ a b Quebec (Commission des droits de la personne et des droits de la jeunesse) c. Maison des jeunes 1998 IIJCan 28, [1998] R.J.Q. 2549; (1998), 33 C.H.R.R. 263 (T.D.P.Q.); REJB 1998-07058 Accessed on March 3, 2006. <http://www.canlii.org/qc/jug/qctdp/1998/1998qctdp236.html>
  11. ^ McAleer v. Canada (Human Rights Commission) (1996), 132 D.L.R. (4th) 672. Accessed on February 17, 2006. <http://reports.fja.gc.ca/fc/1996/pub/v2/1996fca0091.html>
  12. ^ Canada, Ontario (Human Rights Commission), "Policy on Discrimination and Harassment because of Sexual Orientation" 18pp. (2000) Accessed on March 3, 2006. <http://www.ohrc.on.ca/english/publications/sexual-orientation-policy.pdf>
  13. ^ Human Rights Act S.N.W.T. 2002, c.18. Accessed on March 4, 2006. <http://www.justice.gov.nt.ca/PDF/ACTS/Human_Rights.pdf>
  14. ^ Canada, Manitoba (Human Rights Commission), Policy and Procedures Manual, Policy # L-2, "Unspecified Grounds of Discrimination, June 14, 2002" Accessed on March 3, 2006. <http://www.gov.mb.ca/hrc/english/publications/policies/L2.pdf>
  15. ^ Canada (Department of Justice, Canadian Human Rights Act Review Panel), Promoting Equality: A New Vision, chapter 17, 181pp. (2000). Accessed March 3, 2006. <http://canada.justice.gc.ca/chra/en/frp-c17.html#d>
  16. ^ Canada, Quebec (Commission des droits de la personne et des droits de la jeunesse), "Discrimination and Harassment" Accessed on March 3, 2006. <http://www.cdpdj.qc.ca/en/human-rights/discrimination-harassment.asp?noeud1=1&noeud2=3&cle=2>
  17. ^ a b Canada, British Columbia (Ministry of Justice), "Human Rights in British Columbia", 2pp. (2003). Accessed March 3, 2006.<http://www.ag.gov.bc.ca/programs/hrc/publications/SexualOrientationDiscrimination.pdf>
  18. ^ a b c Canada, Ontario (Human Rights Commission), "Policy on Discrimination and Harassment because of Gender Identity" 15pp. (2000) Accessed on March 3, 2006. <http://www.ohrc.on.ca/english/publications/gender-identity-policy.pdf>
  19. ^ a b c School District No. 44 (North Vancouver) v. Jubran, 2005 BCCA 201 (B.C. C.A.) Accessed on February 18, 2006. <http://www.courts.gov.bc.ca/jdb-txt/ca/05/02/previous%20judgment/2005bcca0201err1.htm>
  20. ^ Douglas v. Canada [1993] 1 F.C. 264 (Fed. Ct) Accessed on February 18, 2006. <http://reports.fja.gc.ca/fc/1993/pub/v1/1993fca0430.html>
  21. ^ Saskatchewan Human Rights Code S.S. 1979, c. S-24.1 s. 1 Accessed on February 18, 2006. <http://www.canlii.org/sk/laws/sta/s-24.1/20051216/whole.html>
  22. ^ L'Associaton A.D.G.Q. c. La Commission des écoles Catholiques de Montréal [1980] C.S 93 (Que. S.C)
  23. ^ Ross v. New Brunswick School Disctrict No. 15, [1996] 1 S.C.R. 825 Accessed on April 6, 2006
  24. ^ For a recent case, see article Chris Kempling; Kempling v. British Columbia College of Teachers, 2005 BCCA 327 (B.C. Court of Appeal) Accessed on April 6, 2006; Kempling v. School District No. 28 (Quesnel) and Curr (No. 2), 2005 BCHRT 514 (B.C. Human Rights Tribunal) Accessed on April 6, 2006
  25. ^ GALE BC, "Gay / Straight Alliances in BC" URL accessed on April 10, 2006; CBC Saskatchewan, "Sask. schools hosting gay-straight clubs", June 6, 2005. URL accessed on April 10, 2006.
  26. ^ Alberta Teachers’ Association "Gay–Straight Student Alliances" URL accessed on April 10, 2006; British Columbia Teachers’ Federation, "Teachers Vote to Support Gay/Straight Alliances" March 23, 2000 URL accessed on April 10, 2006.

Christopher S. M. Kempling is a teacher at a high school in Quesnel, British Columbia, who was suspended without pay for writing, on his own time, letters to the editor of local newspaper, the Quesnel Cariboo Observer, critical of the British Columbia Teachers Federation (BCTF). ...

See also


LGBT rights Around the world · By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Persecution Violence LGBT social movements share related goals of social acceptance of homosexuality or transgenderism. ... Image File history File links Gay_flag. ...


Around the world World laws on homosexuality US laws on homosexuality Legality of same-sex unions in Europe. ...


By country This list indexes the articles on LGBT rights in each country and significant non-country region (e. ...


History · Groups · Activists LGBT history refers to the history of lesbian, gay, bisexual, and transgender cultures around the world, dating back to the first recorded instances of same-sex love and sexuality within ancient civilizations. ... Here is a list of gay-rights organizations around the world. ... This article is new. ...


Declaration of Montreal Martina Navrátilová and Mark Tewksbury read the Declaration of Montreal at the opening ceremonies of the World Outgames. ...


Same-sex relationships Same-sex union can refer to: same-sex marriage -- the civil or religious rites of marriage that make it equivalent to opposite-sex marriages in all aspects. ...


Marriage · Adoption   CA, CT, MD, NY, NJ, OR, RI, VT, WA See also Civil union Registered partnership Domestic partnership Timeline of same-sex marriage Listings by country This box:      Same-sex marriage is a term for a governmentally, socially, or religiously recognized marriage in which two people of the same sex live... LGBT adoption refers to the adoption of children by lesbian, gay, bisexual, or transgendered people. ...


Opposition · Discrimination LGBT rights Around the world By country History · Groups · Activists Declaration of Montreal Same-sex relationships Marriage · Adoption Opposition · Discrimination Violence This box:      LGBT rights opposition refers to various movements or attitudes which oppose the extension of certain rights to lesbian and gay people, and by extension to bisexuals, and... Homophobia is a term used to describe: A culturally determined phobia manifesting as fear, revulsion, or contempt for desire or physical love between people of the same sex. ...


Violence John Atherton, Bishop of Waterford and Lismore, was hanged for sodomy under a law that he had helped to institute. ...


Image File history File links This is a lossless scalable vector image. ...

This box: view  talk  edit

The Canadian Lesbian and Gay Archives is a non-profit organization in Canada, which archives materials relating to the history of lesbian, gay, bisexual and transgender communities in Canada. ... Egale Canada was founded in 1986 to advance equality for Canadian lesbian, gay, bisexual and transgendered people and their families, across Canada. ... The fruit machine is a jocular term for a device developed in Canada that was supposed to be able to identify homosexuals. ... The following is a list of procedures for changing ones legal gender assignment in Canadas provinces and territories. ...

External links

  • Gay and Lesbian Emergence: Out in Canada - CBC Archives

 
 

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