The bill was passed by Parliament in July , making Canada the fourth country to legalize same-sex marriage nationwide, and the first to do so without a residency requirement. One recent study by Mark W. Lehman suggests that between and , 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.
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The first province to allow adoption of children by same-sex couples in Canada was British Columbia in The Federal Government and every province and territory in Canada have enacted human rights acts that prohibit discrimination and harassment on several grounds e. Some acts also apply to additional activities. These 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. Sexual orientation is not defined in any human rights act, but is widely interpreted as meaning heterosexuality , homosexuality and bisexuality.
It does not include transsexuality or transgender people. Previously, human rights tribunals had interpreted their human rights acts as including gender identity and gender expression under the category of "sex" as a prohibited ground for discrimination. The Ontario Human Rights Commission 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. It is their sense of being a woman, a man, both, neither, or anywhere along the gender spectrum.
Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, make-up, body language and voice.
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Similar definitions exist in other provinces' Human rights commissions , for example, Quebec's Commission defines sexual orientation as the emotional or sexual attraction to someone , and, as a personal characteristic, as being permanent or difficult to change. The CHRA guarantees the right to equality, equal opportunity, fair treatment and an environment free from discrimination in employment and the provision of goods, services, facilities or accommodation within federal jurisdiction.
When it failed to pass before Parliament was dissolved, he reintroduced the bill in and again in , with additional provisions to add gender identity and expression to the hate crimes provisions of the Criminal Code. Similar bills were introduced in the next Parliament, and Randall Garrison 's bill was passed in the House of Commons, but it died on the Senate order paper when the federal election was called. The law went into effect immediately.
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In , the Quebec Charter of Human Rights and Freedoms , which is both a charter of rights and a human and youth rights act, was amended to prohibit discrimination based on sexual orientation , and later harassment, in Thus, the province of Quebec became the first jurisdiction in the world larger than a city or county to prohibit sexual orientation discrimination, and harassment including but not limited to mockery, insult, bullying, and intimidation at school, or at work , in the private and public sectors.
The law was later amended to include gender identity and gender expression in In , in Manitoba, LGBT activists pushed for inclusion of protection from discrimination on the grounds of sexual orientation with tactics including a day hunger strike by Richard North. In , the Supreme Court ruled in Vriend v. Alberta that the exclusion of sexual orientation from human rights acts was a violation of section 15 1 of the Charter of Rights and Freedoms.
Sexual orientation was thus protected by law under every jurisdiction in Canada. In , Alberta became the last jurisdiction in Canada to add "sexual orientation" to its human rights code. Since June , all provincial and territorial human rights legislation explicitly prohibits discrimination based on gender identity , and some also explicitly include gender expression. 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. 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.
List of gay, lesbian or bisexual people: W–Z - Wikipedia
Human rights acts have no exceptions specifically for sexual orientation or gender identity, however, human rights acts typically include an exception for "bona fide requirements" or qualifications that applies to most grounds e. Since human rights acts are quasi-constitutional laws, it is not possible for job applicants or unions, for example, to sign away equality rights.
Furthermore, some collective agreements include broad non-discrimination provisions that actually expand upon the rights listed in human rights acts. The curriculum of public schools, particularly in British Columbia , are now being amended to incorporate LGBT topics. In reality, implementation of curriculum varies from school division to school division and often from teacher to teacher. 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 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. 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.
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.
In , Ontario passed the Accepting Schools Act , which was enacted after growing concern regarding bullying behaviours and several tragic suicides of bullied students.
The legislation is intended to identity and prevent bullying, which includes LGBT students, and provide resources and support for educators and students as they deal with bullying incidents. Other provinces, including British Columbia and Saskatchewan, have established policies and action plans regarding bullying in schools.
On June 18, , the employees of the Canadian Museum for Human Rights revealed that its management would sometimes ask staff not to show any gay content on tours at the request of certain guests, including religious school groups. The Canadian Criminal Code explicitly forbids committing hate propaganda against sections of the public distinguished by sexual orientation, gender identity, or gender expression.
Identifiable groups are thus protected against hatred, and genocide, namely destruction, or intent to bring about destruction. Everyone, including LGBT people, is protected against defamatory libels, especially through books, pamphlets, newspapers and the open Web, "that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published", [] either directly, by insinuation or irony , by words or otherwise.
Under the Broadcasting Act , where a station, network or undertaking is operated for radio purposes, television broadcasting or discretionary services, "a licensee shall not broadcast programming that contains Generally speaking, in regards to the protections awarded to the freedoms set down in section 2 of the Canadian Charter of Rights and Freedoms , and the reasonable limits provided for by section Freedom of religion is subject to such limitations as are necessary to protect public safety , order , health or morals and the fundamental rights and freedoms of others".
However, the degree of constitutional protection may vary depending on the nature of the expression at issue For example, limits are easier to justify where the expressive activity only tenuously furthers section 2 b values, such as in the case of hate speech , pornography or marketing of a harmful product.
Limits on political speech will generally be the most difficult to justify. Restrictions will also be more difficult to justify where they capture expression that furthers artistic, scientific, educational or other useful social purposes. Freedom of expression and freedom of the press do not encompass a broad immunity for journalists.
Section 2 b does not constitutionally entrench specific newsgathering techniques and not all journalistic techniques or methods, like reliance on confidential informants , are protected". It protects the right to demonstrate on public streets. It has been stated that the right to freedom of assembly, along with freedom of expression, does not include the right to physically impede or blockade lawful activities". Freedom of association protects three classes of activities.
Under the constitutive right, the state is prohibited from interfering with individuals meeting or forming associations, but is permitted to interfere with the activities pursued by an association. Associational activity that constitutes violence is also not protected by section 2 d ". Such practices have been rejected and condemned by every mainstream medical and mental health organization, including the Canadian Psychological Association , citing potential harm and lack of efficacy.
The government response argued that conversion therapy is "immoral", "does not reflect the values of Canadians", and has been identified as "unethical.
1. Introduction
In April , Liberal Senator Serge Joyal tabled Bill S , [] which aims to amend "the Criminal Code to make it an offence to advertise conversion therapy services for consideration and to obtain a financial or other material benefit for the provision of conversion therapy to a person under the age of eighteen" and is either "liable to imprisonment for a term of not more than five years" or "punishable on summary conviction. In May , members of the Canadian Bar Association called on the Government of Canada to examine whether it has the legal power to ban conversion therapy and stop tax benefits for groups that carry out conversion therapy, either within Canada or abroad.
In June , the Government of Canada sent a letter to the provinces and territories , urging them to ban conversion therapy. In December , Prime Minister Justin Trudeau announced that a nationwide ban on conversion therapy would be a priority for his government.