Gay rights in Canada
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) rights in Canada are the most advanced in the Americas. LGBT Canadians have most of the same legal rights as non-LGBT citizens, and are extended more legal rights than many other nations where homosexuality is legal. Since 2005, Canada has offered civil marriage
rights nationwide to same-sex couples. Canada was the third nation in the world where same-sex marriages were legally performed (commencing in 2003 in the province of Ontario
), the fourth nation in the world to perform same-sex marriages nationwide, and it was the first nation in the Americas to perform such marriages nationwide.
While same-sex sexual activity is not criminalized, the age of consent
is 18 for anal sex
under section 159, but is 16 for all non-anal sex, regardless of sexuality of the participants, since 1988. Courts in three Canadian provinces have held this difference to be discriminatory under Section 15 of the Canadian Charter of Rights and Freedoms
Social attitudes towards the LGBT community are highly accepting. Canada's largest city, Toronto
, has one of the world's best known gay districts (the area surrounding Wellesley subway station), and Beaudry in Montreal
is Quebec
's gay capital.
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.
Some of the cases were funded under the federal government's Court Challenges Program, 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.
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 a landmark ruling in 1995 in the case of Egan v. Canada
, the Supreme Court of Canada
recognized that sexual orientation
was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination.
The grounds "sex" and "physical disability," have been interpreted to include transsexuality and HIV/AIDS
(see discussion below).
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.
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.
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
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. 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.
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. In spite of Stephen Harper's statements, his government has not attempted to re-open the issue of same-sex marriage. "On Dec. 7, 2006, members of the House of Commons voted down a Conservative motion to reopen the debate on the definition of marriage. The motion called on the government "to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting existing same-sex marriages." "
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. 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.
. 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 in Canada.
The Yukon
Human Rights Act defines sexual orientation as "heterosexual, homosexual and bisexual and refers only to consenting adults acting within the law." 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 transgender
people. 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. The Ontario Human Rights Commission
has adopted the following definition:
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.
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. 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. In addition, human rights commissions consider that sex discrimination includes discrimination based on transsexuality at the federal level and in Quebec, and discrimination based on transgenderism generally (including transsexuality) in British Columbia
and Ontario
.
"Gender identity" is not defined in any human rights act, but the Ontario Human Rights Commission has defined it as follows:
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. The human rights commissions of British Columbia and Ontario 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. In May 2009 he introduced it again, with additional provisions to add gender identity and expression to the hate crimes provisions of the Criminal Code
. In February 2011, it passed third reading in the House of Commons with support from all parties, but was not considered in the Senate before Parliament was dissolved for the 41st Canadian federal election
.
Prohibited discrimination occurs not only when someone is treated less favourably 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.
, 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, and in the Yukon, where the protection against sexual orientation discrimination only applies to "consenting adults acting within the law.". 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
.
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.
Since human rights acts are quasi-constitutional laws, it is not possible for job applicants or unions, for example, to sign away equality rights. However, other laws may explicitly say that they apply notwithstanding a human rights act.
of the Charter
, gays and lesbians have achieved an astonishing range of judicially-made rights gains in most policy areas, including immigration, housing, employment, health benefits, adoption, pensions, finances, hate crimes and, most recently, marriage.
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.
The curriculum of public schools, particularly in British Columbia
, are now being amended to incorporate LGBT topics.
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
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 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." 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.
Exceptions
There are no legal exceptions that limit the rights of LGBT students specifically, except that the Yukon Human Rights Act 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. The rate of suicide and depression among LGBT youths is widespread and so to counter homophobia
and bullying in school and to provide support to LGBT students, students in some schools have set up gay–straight alliances or similar groups, sometimes with support from teachers associations.
s. 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
.
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 31 million people. (See Same-sex marriage in Canada
.)
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 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
)
One recent study by Mark W. Lehman suggests that between 1997 and 2004, Canadian public opinion on legalizing same-sex marriage underwent a dramatic shift: moving from minority-support to majority support and that this support was the result of a significant shift in positive feelings towards gays and lesbians
.
, 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.
Svend Robinson
is notable for having been the first MP to come out
as gay, in spring 1988. He has since been followed by other gay and lesbian politicians in Parliament: fellow New Democrats Libby Davies
, Bill Siksay
, Philip Toone
, and Dany Morin
; Bloc Québécois
MPs Réal Ménard
and Raymond Gravel
; and Liberal Party of Canada
MPs Scott Brison
, Mario Silva
, and Rob Oliphant
, 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.
There are currently five members of the House of Commons and one senator
who openly identify as gay or lesbian. There are two former MPs and one retired senator who openly identify as such.
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 openly gay candidate for the leadership of a political party with representation in the House of Commons, although he was not successful. André Boisclair
, the former 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.
The provinces of Ontario (Kathleen Wynne
, Glen Murray), British Columbia (Tim Stevenson
, Lorne Mayencourt
), and Manitoba (Jim Rondeau
, Jennifer Howard
) have had openly gay provincial cabinet ministers.
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
rights nationwide to same-sex couples. Canada was the third nation in the world where same-sex marriages were legally performed (commencing in 2003 in the province of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
), the fourth nation in the world to perform same-sex marriages nationwide, and it was the first nation in the Americas to perform such marriages nationwide.
While same-sex sexual activity is not criminalized, the age of consent
Age of consent
While the phrase age of consent typically does not appear in legal statutes, when used in relation to sexual activity, the age of consent is the minimum age at which a person is considered to be legally competent to consent to sexual acts. The European Union calls it the legal age for sexual...
is 18 for anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
under section 159, but is 16 for all non-anal sex, regardless of sexuality of the participants, since 1988. Courts in three Canadian provinces have held this difference to be discriminatory under Section 15 of the Canadian Charter of Rights and Freedoms
Social attitudes towards the LGBT community are highly accepting. Canada's largest city, Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, has one of the world's best known gay districts (the area surrounding Wellesley subway station), and Beaudry in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
is Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
's gay capital.
Enforcement mechanism
The rights of LGBT Canadians are now as well protected as those of other Canadians largely due to several court decisions decided under Section 15Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
that was included in the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
in 1982, with Section 15 coming into effect in 1985.
Some of the cases were funded under the federal government's Court Challenges Program, 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.
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 a landmark ruling in 1995 in the case of Egan v. Canada
Egan v. Canada
Egan v. Canada, [1995] 2 S.C.R. 513, was one of a trilogy of equality rights cases published by a very divided Supreme Court of Canada in the spring of 1995...
, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
recognized that sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination.
The grounds "sex" and "physical disability," have been interpreted to include transsexuality and HIV/AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
(see discussion below).
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
Human Rights Act
A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...
, not the Charter.
Exceptions
The entire Charter is also subject to a general exception in section 1Section One of the Canadian Charter of Rights and Freedoms
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 section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
that allows "such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society." The Oakes Test
Section One of the Canadian Charter of Rights and Freedoms
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 section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
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
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
under section 2
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
, and vice versa. It may also be limited by the right to denominational (religious) schools under section 93 of the Constitution.
In addition, section 15 and a few other Charter sections are subject to the "notwithstanding clause"
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
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
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
amended its Marriage Act
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. 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.
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
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...
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
Vic Toews
Victor "Vic" Toews, PC QC MP is a Canadian politician. He has represented Provencher in the Canadian House of Commons since 2000, and currently serves in the cabinet of Prime Minister Stephen Harper as Minister of Public Safety. He previously served in the Legislative Assembly of Manitoba from...
, publicly stated that he supported the use of the notwithstanding clause in some cases. In spite of Stephen Harper's statements, his government has not attempted to re-open the issue of same-sex marriage. "On Dec. 7, 2006, members of the House of Commons voted down a Conservative motion to reopen the debate on the definition of marriage. The motion called on the government "to introduce legislation to restore the traditional definition of marriage without affecting civil unions and while respecting existing same-sex marriages." "
Freedom from discrimination in employment, housing and public services
Enforcement mechanism
The federal government and every province and territory in Canada has a human rights actHuman Rights Act
A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...
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. 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.
Grounds for prohibiting 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 orientationSexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. Thus, the province of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
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 in Canada.
The Yukon
Yukon
Yukon is the westernmost and smallest of Canada's three federal territories. It was named after the Yukon River. The word Yukon means "Great River" in Gwich’in....
Human Rights Act defines sexual orientation as "heterosexual, homosexual and bisexual and refers only to consenting adults acting within the law." Sexual orientation is not defined in any other human rights act, but is widely interpreted as meaning heterosexuality
Heterosexuality
Heterosexuality is romantic or sexual attraction or behavior between members of the opposite sex or gender. As a sexual orientation, heterosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, physical or romantic attractions to persons of the opposite sex";...
, homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and bisexuality
Bisexuality
Bisexuality is sexual behavior or an orientation involving physical or romantic attraction to both males and females, especially with regard to men and women. It is one of the three main classifications of sexual orientation, along with a heterosexual and a homosexual orientation, all a part of the...
. It does not include transsexuality or transgender
Transgender
Transgender is a general term applied to a variety of individuals, behaviors, and groups involving tendencies to vary from culturally conventional gender roles....
people. 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. The Ontario Human Rights Commission
Ontario Human Rights Commission
The Ontario Human Rights Commission was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code...
has adopted the following definition:
"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."
All human rights laws in Canada also explicitly prohibit discrimination based on disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, which has been interpreted to include AIDS
AIDS
Acquired immune deficiency syndrome or acquired immunodeficiency syndrome is a disease of the human immune system caused by the human immunodeficiency virus...
, ARC and being HIV
HIV
Human immunodeficiency virus is a lentivirus that causes acquired immunodeficiency syndrome , a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive...
positive, and membership in a high-risk group for HIV infection.
All Canadian human rights laws probably also prohibit discrimination against pre-operative, transitioning
Transitioning (transgender)
Transitioning is the process of changing one's gender presentation to accord with one's internal sense of one's gender - the idea of what it means to be a man or woman...
and post-operative transsexual persons, though the protection is explicit only in the Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
, where "gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
" is explicitly listed as a ground in the human rights act. In Manitoba
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, 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. In addition, human rights commissions consider that sex discrimination includes discrimination based on transsexuality at the federal level and in Quebec, and discrimination based on transgenderism generally (including transsexuality) in British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
and Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
.
"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.
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. The human rights commissions of British Columbia and Ontario consider that sex discrimination includes discrimination against transgendered persons generally.
In 2005, NDP MP Bill Siksay
Bill Siksay
William Livingstone Siksay, former MP is a Canadian politician, and was the Member of Parliament who represented the British Columbia riding of Burnaby—Douglas for the New Democratic Party from 2004 to 2011.Receiving his high school diploma from McLaughlin Collegiate and Vocational Institute in...
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. In May 2009 he introduced it again, with additional provisions to add gender identity and expression to the hate crimes provisions of the Criminal Code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
. In February 2011, it passed third reading in the House of Commons with support from all parties, but was not considered in the Senate before Parliament was dissolved for the 41st Canadian federal election
41st Canadian federal election
The 2011 Canadian federal election was held Monday, May 2, 2011, to elect members to the House of Commons of the 41st Canadian Parliament....
.
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. LGB Canadians have been allowed to serve in the military since the Douglas case was settled in 1992.Prohibited discrimination occurs not only when someone is treated less favourably 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.
Exceptions
Human rights acts have no exceptions specifically for sexual orientation or gender identity, except in SaskatchewanSaskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, 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, and in the Yukon, where the protection against sexual orientation discrimination only applies to "consenting adults acting within the law.". 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
Vriend v. Alberta
Vriend v. Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation...
case and the prohibition of age discrimination in section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Charter
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
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
British Columbia (PSERC) v. BCGSEU
British Columbia v. British Columbia Government Service Employees' Union [1999] 3 S.C.R. 3, – called Meiorin for short – is a Supreme Court of Canada case that created a unified test to determine if a violation of human rights legislation can be justified as a bona fide occupational...
are met.
Since human rights acts are quasi-constitutional laws, it is not possible for job applicants or unions, for example, to sign away equality rights. However, other laws may explicitly say that they apply notwithstanding a human rights act.
Results
Since the 1985 entrenchment of Section 15Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Charter
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
, gays and lesbians have achieved an astonishing range of judicially-made rights gains in most policy areas, including immigration, housing, employment, health benefits, adoption, pensions, finances, hate crimes and, most recently, marriage.
Schools and other educational institutions
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
does not prohibit discrimination by churches, associations and businesses, while section 2
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Charter protects freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
and section 93 of the Constitution
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
recognizes the right to denominational schools in certain cases.
The curriculum of public schools, particularly in British Columbia
Peter and Murray Corren
Peter Corren and Murray Corren — Corren is a combination of their former names — are LGBT-rights activists from Vancouver, British Columbia whose complaint before British Columbia's Human Rights Tribunal led to an agreement whereby the provincial Ministry of Education would consult them on how...
, are now being amended to incorporate LGBT topics.
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
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 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." 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
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
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.
Exceptions
There are no legal exceptions that limit the rights of LGBT students specifically, except that the Yukon Human Rights Act 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. The rate of suicide and depression among LGBT youths is widespread and so to counter homophobia
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...
and bullying in school and to provide support to LGBT students, students in some schools have set up gay–straight alliances or similar groups, sometimes with support from teachers associations.
Same-sex marriage
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 marriageSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s. 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
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
.
By July 2005, same-sex marriages were legally recognized in all provinces and territories except Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, Prince Edward Island
Prince Edward Island
Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...
, Northwest Territories
Northwest Territories
The Northwest Territories is a federal territory of Canada.Located in northern Canada, the territory borders Canada's two other territories, Yukon to the west and Nunavut to the east, and three provinces: British Columbia to the southwest, and Alberta and Saskatchewan to the south...
and Nunavut
Nunavut
Nunavut is the largest and newest federal territory of Canada; it was separated officially from the Northwest Territories on April 1, 1999, via the Nunavut Act and the Nunavut Land Claims Agreement Act, though the actual boundaries had been established in 1993...
, encompassing over 85% of Canada's population of roughly 31 million people. (See Same-sex marriage in Canada
Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
.)
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
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
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 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
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...
)
One recent study by Mark W. Lehman suggests that between 1997 and 2004, Canadian public opinion on legalizing same-sex marriage underwent a dramatic shift: moving from minority-support to majority support and that this support was the result of a significant shift in positive feelings towards gays and lesbians
Sexuality and gender identity-based cultures
Sexuality and gender identity-based cultures are subcultures and communities composed of persons who have shared experiences, background, or interests due to a common sexual or gender identity. Among the first to argue that members of sexual minorities can constitute cultural minorities as well as...
.
LGBT influence on national politics
In the House of CommonsCanadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
, three parties support LGBT rights with varying degrees. The New Democratic Party
New Democratic Party
The New Democratic Party , commonly referred to as the NDP, is a federal social-democratic political party in Canada. The interim leader of the NDP is Nycole Turmel who was appointed to the position due to the illness of Jack Layton, who died on August 22, 2011. The provincial wings of the NDP in...
and Bloc Québécois
Bloc Québécois
The Bloc Québécois is a federal political party in Canada devoted to the protection of Quebec's interests in the House of Commons of Canada, and the promotion of Quebec sovereignty. The Bloc was originally a party made of Quebec nationalists who defected from the federal Progressive Conservative...
are the most vocal supporters of these rights, and the Liberal Party of Canada
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
is divided in its approach to the issue, but it mainly advocates equal rights for LGBT citizens. The Conservative Party of Canada
Conservative Party of Canada
The Conservative Party of Canada , is a political party in Canada which was formed by the merger of the Canadian Alliance and the Progressive Conservative Party of Canada in 2003. It is positioned on the right of the Canadian political spectrum...
is largely opposed to LGBT rights, although some members, typically former members of the Progressive Conservative Party
Progressive Conservative Party of Canada
The Progressive Conservative Party of Canada was a Canadian political party with a centre-right stance on economic issues and, after the 1970s, a centrist stance on social issues....
, have supported LGBT rights, including same-sex marriage. Former members of the Canadian Alliance
Canadian Alliance
The Canadian Alliance , formally the Canadian Reform Conservative Alliance , was a Canadian conservative political party that existed from 2000 to 2003. The party was the successor to the Reform Party of Canada and inherited its position as the Official Opposition in the House of Commons and held...
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.
Svend Robinson
Svend Robinson
Svend Robinson is a former Canadian politician. He was a Member of Parliament in the Canadian House of Commons from 1979 to 2004, representing the suburban Vancouver-area constituency of Burnaby for the New Democratic Party...
is notable for having been the first MP to come out
Come Out
Come Out may refer to:*Come Out , a music piece by Steve Reich*Coming out, disclosing one's homosexuality or bisexuality.*"Come Out", a song by Camper van Beethoven from New Roman Times...
as gay, in spring 1988. He has since been followed by other gay and lesbian politicians in Parliament: fellow New Democrats Libby Davies
Libby Davies
Libby Davies is a Canadian Member of Parliament for the New Democratic Party , representing the riding of Vancouver East in Vancouver, British Columbia. In 2007, she was named Deputy Leader of the federal NDP, jointly with Thomas Mulcair.-Background:Davies was born in Aldershot, England and...
, Bill Siksay
Bill Siksay
William Livingstone Siksay, former MP is a Canadian politician, and was the Member of Parliament who represented the British Columbia riding of Burnaby—Douglas for the New Democratic Party from 2004 to 2011.Receiving his high school diploma from McLaughlin Collegiate and Vocational Institute in...
, Philip Toone
Philip Toone
Philip Toone is a Canadian politician, who was elected to the Canadian House of Commons in the 2011 election-Early life:Philip Toone was born in Ottawa in 1965, He currently resides in Maria, Quebec, with his partner of 13 years...
, and Dany Morin
Dany Morin
Dany Morin is a Canadian politician, who was elected to the Canadian House of Commons in the 2011 election. He represents the electoral district of Chicoutimi—Le Fjord as a member of the New Democratic Party....
; Bloc Québécois
Bloc Québécois
The Bloc Québécois is a federal political party in Canada devoted to the protection of Quebec's interests in the House of Commons of Canada, and the promotion of Quebec sovereignty. The Bloc was originally a party made of Quebec nationalists who defected from the federal Progressive Conservative...
MPs Réal Ménard
Réal Ménard
Réal Ménard is a Canadian politician, who was a Bloc Québécois member of the Canadian House of Commons from 1993 to 2009. He was the second Canadian Member of Parliament to come out as gay .Ménard is a political scientist with B.A. and M.A...
and Raymond Gravel
Raymond Gravel
Raymond Gravel is a Catholic priest from the Canadian province of Quebec, who was formerly the Member of Parliament for the riding of Repentigny, as a member of the Bloc Québécois...
; and Liberal Party of Canada
Liberal Party of Canada
The Liberal Party of Canada , colloquially known as the Grits, is the oldest federally registered party in Canada. In the conventional political spectrum, the party sits between the centre and the centre-left. Historically the Liberal Party has positioned itself to the left of the Conservative...
MPs Scott Brison
Scott Brison
Scott A. Brison, PC, MP is a Canadian politician from Nova Scotia, Canada. Brison has been the Member of Parliament for the riding of Kings-Hants since the 1997 federal election. Brison was originally elected as a Progressive Conservative but crossed the floor to join the Liberal Party in 2003...
, Mario Silva
Mario Silva
Mario Silva, is a Canadian politician and a former Canadian Member of Parliament. Silva is a former a Toronto City Councillor and acting mayor."Acting Mayor" is a non-elected position. For example, the sets out the duties and powers of their Acting Mayor. Other cities will no doubt have somewhat...
, and Rob Oliphant
Rob Oliphant
Robert "Rob" Oliphant is a Canadian politician and a United Church minister. He served in the House of Commons as a Liberal Member of Parliament for the Toronto riding of Don Valley West from 2008 to 2011.- Personal life :...
, as well as Senators
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
Laurier LaPierre
Laurier LaPierre
Laurier L. LaPierre, OC is a retired Canadian Senator and former broadcaster, journalist and author. He is a member of the Liberal Party of Canada....
and Nancy Ruth
Nancy Ruth
Nancy Ruth, CM is a Canadian Senator from Ontario. She was appointed to the Senate by Governor General Adrienne Clarkson, on the advice of Prime Minister Paul Martin, on March 24, 2005. While initially appointed as a Progressive Conservative, on March 28, 2006 she joined the Conservative caucus...
. The New Democratic Party's shadow cabinet
New Democratic Party Shadow Cabinet
This is a list of members of the New Democratic Party Shadow Cabinet of the 40th Canadian parliament. Positions in the shadow cabinet were announced on November 17, 2008, and include all 37 members of the New Democratic Party caucus in the Canadian House of Commons except Joe Comartin who was...
contains a critic for LGBT rights, the only spokesperson so designated in the House.
There are currently five members of the House of Commons and one senator
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
who openly identify as gay or lesbian. There are two former MPs and one retired senator who openly identify as such.
Chris Lea
Chris Lea
Chris Lea is a designer, politician and political activist in Canada. He was the leader of the Green Party of Canada from 1990 to 1996. He is, to date, the party's longest-serving leader. Lea is notable for being the first openly gay political party leader in Canadian history.Lea lives in Toronto...
, leader of the Green Party of Canada
Green Party of Canada
The Green Party of Canada is a Canadian federal political party founded in 1983 with 10,000–12,000 registered members as of October 2008. The Greens advance a broad multi-issue political platform that reflects its core values of ecological wisdom, social justice, grassroots democracy and...
from 1990 to 1996, was the first openly gay political party leader in Canada. Svend Robinson became in 1995 the first openly gay candidate for the leadership of a political party with representation in the House of Commons, although he was not successful. André Boisclair
André Boisclair
André Boisclair is a politician in Quebec, Canada. He was the leader of the Parti Québécois, a social democratic and separatist party in Quebec....
, the former leader of the Parti Québécois
Parti Québécois
The Parti Québécois is a centre-left political party that advocates national sovereignty for the province of Quebec and secession from Canada. The Party traditionally has support from the labour movement. Unlike many other social-democratic parties, its ties with the labour movement are informal...
, became the first openly gay leader of a party with parliamentary representation in North America; Allison Brewer
Allison Brewer
Allison Brewer is a Canadian social activist and politician, and the former leader of the New Brunswick New Democratic Party. She has been particularly active in areas of lesbian and gay rights and access to abortion.-Biography:...
, former leader of the New Brunswick New Democratic Party
New Brunswick New Democratic Party
The New Brunswick New Democratic Party is a social-democratic provincial political party in New Brunswick, Canada linked with the federal New Democratic Party .-Origins and early history:...
, was also elected leader as an out lesbian.
The provinces of Ontario (Kathleen Wynne
Kathleen Wynne
Kathleen O. Wynne is a politician in Ontario, Canada. She is a member of the Legislative Assembly of Ontario, representing the riding of Don Valley West for the Liberal Party.-Background:...
, Glen Murray), British Columbia (Tim Stevenson
Tim Stevenson
Tim Stevenson is a Canadian politician and United Church clergyman. He is currently an elected member of the Vancouver City Council as a member of Vision Vancouver. He is one of two openly gay city councilors in Vancouver, along with Ellen Woodsworth.-Background:He received a B.A...
, Lorne Mayencourt
Lorne Mayencourt
Lorne Mayencourt is a Canadian politician, who formerly represented the electoral district of Vancouver-Burrard in the Legislative Assembly of British Columbia as a member of the BC Liberal party....
), and Manitoba (Jim Rondeau
Jim Rondeau
Jim Rondeau is a politician in Manitoba, Canada. He has been a member of the Legislative Assembly of Manitoba since 1999, and is currently a cabinet minister in the provincial government of Greg Selinger. Rondeau is a member of the New Democratic Party.-Early life and career:Rondeau was born in...
, Jennifer Howard
Jennifer Howard (politician)
Jennifer Howard is a politician in Manitoba, Canada. She was elected to the Legislative Assembly of Manitoba in the 2007 provincial election, in the electoral district of Fort Rouge. Howard is a member of the New Democratic Party....
) have had openly gay provincial cabinet ministers.
Summary table
| Same-sex sexual activity legal since 1969 |  |
| Equal age of consent | Age of consent laws do not distinguish based on sex, but different age for anal sex has been found discriminatory |
| Anti-discrimination laws in employment since 1998 | |
| Anti-discrimination laws in the provision of goods and services since 1998 | |
| Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) | |
| Same-sex marriage(s) nationwide since 2005 | |
| Adoption by same-sex couples | |
| Gays allowed to serve openly in the military | |
| Right to change legal gender | |
| Access to IVF for lesbians | |
| MSM Men who have sex with men Men who have sex with men are male persons who engage in sexual activity with members of the same sex, regardless of how they identify themselves; many men choose not to accept sexual identities of homosexual or bisexual... allowed to donate blood |
 |
See also
- Canadian Lesbian and Gay ArchivesCanadian Lesbian and Gay ArchivesThe Canadian Lesbian and Gay Archives is a non-profit organization in Toronto, Ontario, Canada, which collects material relating to the history of lesbian, gay, bisexual and transgender communities in Canada....
- Egale CanadaEgale CanadaEgale Canada is an advocacy organization founded in 1986 to advance equality for Canadian lesbian, gay, bisexual and transgender people and their families, across Canada....
- Fruit machine (homosexuality test)
- Changing legal gender assignment in CanadaChanging legal gender assignment in CanadaProcedures for changing legal gender assignment in Canada vary between provinces and territories.Except for Quebec, the information below concerns altering the sex recorded on one's birth certificate, and therefore must be done with regard to the province or territory where one was born.-Alberta:To...
- Human rights in CanadaHuman rights in CanadaSince signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law...
- LGBT policy in the Canadian militaryLGBT policy in the Canadian militaryLGBT policy in the Canadian military has changed in the course of the 20th century from being socially repressive to being socially accepted.-CFAO 19-20:...
- LGBT rights in the AmericasLGBT rights in the AmericasLesbian, gay, bisexual, and transgender rights are complex in the Americas. The British, French, Spanish and Portuguese colonists, who settled most of the Americas, brought Christianity from Europe...
External links
- Gay and Lesbian Emergence: Out in Canada – CBCCanadian Broadcasting CorporationThe Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
Archives - 1965 Everett George Klippert: A Fight for Justice NWT Historical Timeline, Prince of Wales Northern Heritage Centre