Homosexuality in Canada

Same-sex couples are increasing among families. In 2001, the definition of census family was changed to incorporate same-sex couples whom live in a common-law relationship. If previous statistics before 2006 did not include same-sex common-law relationships, how accurate could the statistics have been? Herizons (2008) stated that the 2006 Canadian census was the first to allow marital status

In the 65-year history of LGBTQ activism in the United States, the present moment stands out on the basis of gay marriage being legalized. At no other time would an observer have imagined that the LGBTQ movement was likely to succeed in such a manner that any gender can marry any other gender with the permission by the law (Stewart-winter

The discrimination against sexual orientation is protected under the analogous ground of s.15 (1) of Charter. In this case, an Act created a distinction on the analogous ground against gays, lesbians and other disadvantage groups and resulted in disadvantage. The s.15 (1) of Charter guarantee equal protection and benefits before and under the law without discrimination but in this case the human right law did not equally benefited or protected the gays and lesbians. Furthermore, if there is any law that discriminate some individuals or groups of people, the equality rights protects them from that discrimination. For instance, without the equality rights, people like Vriend would not have received equal treatment. It is also relevant because the SCC had set the precedents for lower courts and decision prevent further discrimination against

provinces, Manitoba and British Columbia. Each the earlier mentioned events are a few of the

The nation of Canada has strived to be recognized as a long-standing picture of equal democratic rights and freedoms for all. Although mistakes and occasional aberrations do occur, we must always endeavour to be a nation that promotes equality and shuns discrimination, even if it means changing our laws in the process. Equality for all is a constitutionally entrenched law and we as citizens, lawmakers, and judges must uphold the constitution and ensure our nation evolves to demonstrate, in practice, the intent of words outlined in the constitution. In Vriend v. Alberta, the appellant Delwin Vriend was working as a laboratory coordinator in Alberta when he was terminated after revealing his sexual orientation (Vriend v. Alberta, [1998] 1 S.C.R. 493 2). It was well known that Vriend received positive reviews on his work and throughout the course of his employment he enjoyed the benefits of his hard work (Vriend v. Alberta 11). However, this all changed when Vriend shared with his employers that he was homosexual. Due to the fact Vriend refused to comply with the request to leave his position because his homosexuality offended the views of his employer, he was unceremoniously terminated solely on these grounds (Vriend v. Alberta 2). Vriend was understandably upset with this decision and moved to file a complaint with the Alberta Human Rights Commission (Vriend v. Alberta 2). Vriend was informed due to the fact sexual orientation was not included as a prohibited grounds for

Amend the Canadian Human Rights Act to include gender identity and gender expression in the prohibited grounds of discrimination making it illegal to discriminate transgendered individuals on the bases of

In section 15 the Charter states: “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, Charter of Rights and Freedoms). In January 1991, Delwin Vriend was fired from a Christian college in Edmonton, Alberta after they became aware that he was a gay man. Mr. Vriend attempted to file a human rights complaint, but the Commission told him that he could not file a complaint because sexual orientation was not included as a protected ground. Mr. Vriend appealed to the Supreme Court. In the end, the Supreme Court unanimously “found that it is discrimination violating the Canadian Charter of Rights and Freedoms (“Charter”) for any institution to deny lesbians, gays and bisexuals the human rights protection that it accords to other disadvantaged groups. The Court ordered that “sexual orientation” be read into human rights legislation. As a result, governments could no longer deny protection to lesbians, gays and bisexuals through inaction – the Court explicitly stated that the Charter applies to legal actions and omissions alike” (Through the Looking Glass: the Vriend Decision and

Vriend filed a motion in the Court of Queen’s Bench for declaratory relief. The trial judge found that the omission of protection against discrimination on the basis of sexual orientation was an unjustified violation of s. 15 of the Canadian Charter of Rights and Freedoms. She ordered that the words “sexual orientation” be read into ss. 2(1), 3, 4, 7(1), 8(1) and 10 of the IRPA as a prohibited ground of discrimination. The majority of the Court of Appeal allowed the Alberta government’s appeal. However, the Alberta government failed to demonstrate that it had a reasonable basis for excluding sexual orientation from the IRPA. Since they had failed to demonstrate any beneficial effect of the exclusion in promoting and protecting human rights, there was no proportionality between the attainment of the legislative goal and the infringement of the appellants’ equality

​Canada is often seen as a leader in the gay rights movement and it has a long history of providing rights to those that identify as homosexual (BC Teachers’ Federation, 2016; Cotler, 2015). As far back as 1969, Prime Minister Trudeau passed Bill C-150 which amended the Criminal Code to decriminalize “gross indecency” and “buggery”; if committed between two consenting adults if they are over 21 (BC Teachers’ Federation, 2016). The Code was further amended to drop the age of consent for anal sex from 18 and 14 for other sexual activity and it was recognized that a higher age for consent of anal sex was unconstitutional (BC Teachers’ Federation, 2016). Since then there have been many changes to the political and social system in Canada to be able to improve the rights not only individuals whom are part of the LGBTQ community, but also for those whom are in same sex relationships (BC Teachers’ Federation, 2016). As of 2005, same-sex marriage was legalized in Canada; however, there is still debate of whether or not same-sex legalization has legitimized same-sex partnerships within society (Colter, 2015). Many cases that have come before the court regarding homosexuality and same-sex marriages have argued that the actions of society are a direct violation of people’s s.15 rights in the Constitution; which allows for every person to be treated equally and bear the freedom of religion (Supreme Court Judgements, 2004). It will be argued that Canada has created equal rights for

In Journal of Human Rights published in 2014, after the Equalities Act of 2010 enacted, the United Kingdom sees sexuality and gender identities as “protected characteristics,” with legal imperatives to address discrimination, and in Canada in the early 1990s, there were an opposition against gays and lesbian rights, but after sexual orientation recognized in 1995, gradually by 2013, gays and lesbians have equality rights. (Browne, 2014)

     Same-sex marriages have been very controversial since becoming an issue in Canada regarding the Canadian Charter of Rights and Freedoms. Several people state that same-sex marriages should be legal, while others disagree, saying it should not be permitted. There have been many debates and inquiries about this issue for several years; the MP’s and Parliament will finally settle the problem within the next year or so. Many are in favour of legalizing same-sex marriages in all of Canada due to the violations and infringes upon the Charter of Rights and Freedoms. Problems revolving around same-sex marriages have upset many religious groups. These groups believe that same-sex

1989 and 79 in 1986. In the past, Ontario had represented almost half of (more

Lesbian, gay, bisexual and transgender individuals, also known as LGBT population have experienced a great deal of oppression worldwide. These particular individuals undergo discrimination from society, whether for reasons of ignorance, fear or intolerance, this population faces challenges in multiple areas of social justice sexual. Although the LGBT culture has made some strides in the areas of state and federal legislation, there is still a wide range of criminalization that takes place within our culture. Understanding the LGBT community and the history of their oppression may be the first step in becoming culturally competent. For many years this culture was denied their basic constitutional rights that were afforded to their equal heterosexual peers. Basic rights such as, adoption and marriage were uncommon to this culture until the 20th century.

Australian culture is vital in the process of socialising the public’s views and beliefs. Through social stratification and labelling different groups as superior and inferior, Australian culture has been manipulated into believing that homosexuals are deviant to the rest of society.

A clarification of some falsehoods related to homosexuality is also mentioned. It is hoped that this essay will make people in society of Hong Kong better understand homosexuals and decrease discriminations, prejudices and misunderstandings towards them.