Introduction: Protecting LGBTQ+ Rights in Canada
It’s no secret that the LGBTQ+ community has faced and continues to face an uphill battle when it comes to protecting their rights. While the legal landscape is ever-evolving, the progress of human rights legislation in Canada has been hard fought and much needed. This guide will provide insight into the current status of LGBTQ+ rights in the country, the historical context that led to this point, and the challenges that still remain.
In accordance with the Canadian Charter of Rights and Freedoms, all Canadians should be able to live and express themselves without fear of discrimination or prejudice. This includes members of the LGBTQ+ community, who often experience higher levels of risk or vulnerability in society than other groups. It is essential to acknowledge and understand the laws and policies in place to protect and promote the equal rights of this population.
It is important to recognize that the rights of the LGBTQ+ community have a deep history in Canada. From the legalization of same-sex marriage to the recognition of gender identity, members of the community have had to fight for basic human rights. The purpose of this guide is to provide an overview of the progress and ongoing challenges of protecting the rights of LGBTQ+ individuals in the country.
Defining LGBTQ+ Rights
LGBTQ+ rights refer to the civil and legal rights of lesbian, gay, bisexual, transgender, genderqueer, intersex, and all other people whose sexual orientation, gender identity, or gender expression is not cis-gendered. These rights include the right to marry, access employment protections, receive fair and equal treatment under the law, and more.
There are a variety of rights that are included in LGBTQ+ rights. These include the right to marry a same-sex partner, the right to adopt a child, the right to receive fair and equal treatment in the workplace, the right to access public accommodations, the right to medical care, and the right to receive protection from discrimination on the basis of gender identity or sexual orientation.
The United Nations has released multiple statements on LGBTQ+ rights, recognizing them as human rights. These include statements condemning discrimination against transgender individuals in the workplace, protection for LGBTQ+ and intersex people in education and health care, and the decriminalization of homosexuality in countries where it is still illegal.
At the federal level, there are various laws in place in Canada to protect the rights of the LGBTQ+ community. These include the Canadian Human Rights Act, which prohibits discrimination based on gender identity or sexual orientation, and the so-called “Equality Act”, which provides additional protections against discrimination in employment, housing, and access to public services.
In addition to these laws, there are also provincial and territorial laws that have been enacted to protect the rights of LGBTQ+ Canadians. For example, Saskatchewan and British Columbia both have laws in place to protect transgender individuals from discrimination in the workplace and in access to public accommodations.
At the municipal level, many cities and towns have implemented policies to protect the rights of the LGBTQ+ community. These policies may include measures such as providing safe spaces for youth, implementing anti-bullying policies, or establishing support services for the LGBTQ+ community.
The rights of LGBTQ+ people are a constantly evolving area, and they are ever-changing. It is important for everyone to stay informed about the progress that is being made and the challenges that remain in order to ensure that all members of the LGBTQ+ community have access to their fundamental rights.
Historical Context: The History of LGBTQ+ Rights in Canada
In 1969, homosexuality was officially decriminalized in Canada in the Criminal Law Amendment Act. This was a big win for the rights of LGBTQ+ individuals in Canada as it meant that same-sex relationships were not considered illegal.
In 1982, the Canadian Charter of Rights and Freedoms was passed. This document guarantee rights and freedoms to individuals living in Canada. In particular, it protected Canadians from discrimination on the grounds of their sexual orientation.
In 1995, the Supreme Court of Canada made its first ruling on the rights of LGBTQ+ individuals in the case of Egan v. Canada. This case was a landmark decision because it declared that LGBTQ+ individuals cannot be discriminated against under the Canadian Charter of Rights and Freedoms. The ruling set a precedent for future cases involving the rights of LGBTQ+ individuals in Canada.
In 1997, the House of Commons passed Bill C-33 which added ‘sexual orientation’ to the Canadian Human Rights Act. This meant that LGBTQ+ individuals had the same rights and protections as other Canadians when it came to housing, goods, and services.
In 2005, the Civil Marriage Act was passed, making it legal for same-sex couples to marry in Canada. This was a major victory for LGBTQ+ rights in Canada.
In 2017, the government of Canada passed an act amending the Canadian Human Rights Act to add “gender identity” and “gender expression” to the list of prohibited grounds of discrimination.
These developments have been incredibly important for protecting the rights of LGBTQ+ individuals in Canada and recognizing their contributions to society. However, there is still much work to be done before full equality can be achieved.
The Charter of Rights and Freedoms: Legal Protection for the LGBTQ+ Community
The Canadian Charter of Rights and Freedoms is a document that recognizes the fundamental rights of all citizens in Canada. It also provides legal protection for members of the LGBTQ+ community, ensuring they have equal rights under the law.
The Charter was adopted in 1982 and specifically mentions protection from discrimination based on gender and sexual orientation. This means that LGBTQ+ individuals have the same rights and freedoms as all other citizens in Canada. This includes the right to get married, access employment and education opportunities, and serve in the military.
The Charter also safeguards LGBTQ+ individuals against hate crimes and hate speech. This type of conduct is considered illegal and can lead to serious punishments. LGBTQ+ individuals are protected by the law, and any violence or discrimination against them is unacceptable.
The Charter offers another layer of protection for LGBTQ+ rights in Canada. It is an important document for everyone in the country, but it is especially beneficial to those who are members of the LGBTQ+ community. With the Charter in place, they are ensured certain basic rights and freedoms that cannot be taken away.
LGBTQ+ in Immigration
Immigration laws affect the rights of LGBTQ+ individuals differently than they do the rest of the population. This is because some countries have different laws regarding how LGBTQ+ people can live and express their identities. In some places, it can be dangerous or even illegal for members of the LGBTQ+ community to reveal their gender identity or sexual orientation.
In Canada, the government has taken steps to ensure that LGBTQ+ individuals are welcomed and accepted. The Immigration, Refugees and Citizenship Canada (IRCC) department has implemented policies to ensure that no person is discriminated against or denied entry based on their sexual orientation or gender identity.
LGBTQ+ Refugee Protection
The IRCC recognizes that some LGBTQ+ individuals may be persecuted in their home countries. For this reason, the IRCC has made it possible for LGBTQ+ individuals to find refuge in Canada. The IRCC provides LGBTQ+ refugees with support services and helps them integrate into Canadian society.
LGBTQ+ Family Reunification
The IRCC also offers family reunification programs for LGBTQ+ individuals. These programs allow LGBTQ+ individuals to be reunited with their families in Canada, provided that they meet the requirements for entry. This helps ensure that LGBTQ+ individuals can be surrounded by loved ones in a safe environment.
LGBTQ+ Asylum Seekers
For those wishing to seek asylum in Canada, the IRCC has put in place a fair and impartial process to review all applications. All individuals, regardless of their sexual orientation or gender identity, will be considered for asylum and given a chance to build a new life in Canada.
The immigration policies surrounding the rights of LGBTQ+ individuals in Canada are an important part of the overall picture when it comes to protecting the rights of this community. By creating a pathway for LGBTQ+ individuals to find refuge in Canada and reunite with their families, the government is helping create a more inclusive and tolerant society for everyone.
Equality in the Workplace
As Canada has long been a leader in human rights, it ensures that all citizens have equal opportunities in the workplace regardless of gender, race, religion, or sexual orientation. For the LGBTQ+ community, special measures have been taken to ensure fair and equal treatment in the workplace.
The Canadian Human Rights Act specifically prohibits any discrimination on the basis of sex, including gender identity and sexual orientation. This means that employers must treat everyone equally regardless of their sexual orientation or gender identity. Also, the Canadian Labour Code now includes protection for employees on the basis of gender identity or expression.
Additionally, many provincial and territorial governments have passed their own laws prohibiting discrimination based on sexual orientation or gender identity in the workplace. These laws are often combined with other human rights legislation, such as non-discrimination policies or freedom of expression policies, to ensure that LGBT employees are protected from bullying or discrimination.
Other measures have been taken to ensure equal rights in the workplace for LGBTQ+ individuals. The federal government has created the Employment Equity Program which requires companies to report on the number of LGBTQ+ employees they have and to provide them with the same rights and benefits as other employees. There are also programs such as the Gender Identity and Gender Expression Workplace Education Program which teaches employers about the different issues facing LGBT people and how to create an inclusive workplace.
LGBTQ+ individuals still face difficulties in the workplace, but the legal framework in Canada provides strong protections for these communities. Although more work needs to be done, such as changing attitudes towards the LGBTQ+ community, Canada has made great progress in ensuring equal rights in the workplace.
Family Laws for LGBTQ+ Couples
The legal rights of LGBTQ+ couples are protected when it comes to family laws in Canada. These include rights related to marriage, parenting, and adoption.
Marriage Rights
LGBTQ+ couples in Canada have been able to legally marry since 2005 when the federal government legalized same-sex marriage throughout the country. This means that LGBTQ+ couples are able to enjoy the same rights as heterosexual couples when it comes to marriage.
Parenting rights
LGBTQ+ couples have the same rights to parent as heterosexual couples. Although not all provinces allow both members of a same-sex couple to be named on a child’s birth certificate, same-sex couples are entitled to the same parental rights as heterosexual couples.
Adoption Rights
In most provinces throughout Canada, same-sex couples are allowed to adopt a child. Each province has its own laws and regulations regarding same-sex adoption, and some provinces allow unmarried partners to adopt together, while others only allow married couples to adopt.
The legal framework in place in Canada ensures that LGBTQ+ couples have the same access to parenting and marriage rights as heterosexual couples when it comes to creating a family. This provides invaluable protection for LGBTQ+ families and helps to create an equal and just society.
What is Bullying and Discrimination?
Bullying and discrimination can take many different forms and involves words, gestures, images, or physical actions against someone because of their sexual orientation, gender identity, or gender expression. It can occur in schools, workplaces, public places, and online. The effects of bullying and discrimination can cause long-term harm to the victims, including low self-esteem, depression, anxiety, and even suicide.
Laws in Place to Protect LGBTQ+ Individuals from Bullying and Discrimination
In Canada, there are several laws and regulations in place to protect individuals from bullying and discrimination. The Canadian Human Rights Act prohibits discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, and sexual orientation. Additionally, Alberta, Manitoba, Ontario, and Nova Scotia all have laws that specifically address discrimination and bullying of individuals based on their sexual orientation, gender identity, and gender expression.
What are the Legal Implications of Bullying and Discrimination?
The legal implications of bullying and discrimination depend on the severity of the actions taken, the jurisdiction, and the laws in place. In some cases, being found guilty of bullying or discrimination can result in a variety of punishments, including fines, jail time, and other sanctions. In addition, those accused of bullying or discriminating against an LGBTQ+ person can be subject to civil lawsuits, which can result in monetary penalties.
What Can You Do to Combat Bullying and Discrimination?
There are several steps that can be taken to combat bullying and discrimination of LGBTQ+ individuals. These include:
- Educate yourself and others on what bullying and discrimination looks like;
- Speak out if you witness bullying or discrimination of any kind;
- Support anti-bullying and pro-diversity initiatives in your community;
- Report any incidents of bullying or discrimination to the authorities;
- If you’re a victim of bullying or discrimination, reach out for help.
By taking these steps, we can help create a more inclusive society where everyone is treated with respect and dignity.
Education and Schooling
Ensuring that students in Canada have a safe learning environment is important – particularly for those who are part of the LGBTQ+ community. The Canadian government has put in place policies to create a respectful and supportive learning environment where students can learn free from discrimination or bullying.
The Safe and Inclusive Schools Strategy was formed in 2011 to help address issues of bullying and discrimination in schools. It promotes respect and safety among students, regardless of their race, ethnicity, or sexual orientation. This strategy has resulted in the creation of provincial and territorial anti-bullying policies, as well as the development of cross-country initiatives to support students and teachers in creating a safe and inclusive learning space.
In addition, the Canadian Charter of Rights and Freedoms includes language that prohibits discrimination based on sexual orientation. This serves as a protection for LGBTQ+ students and makes it easier to challenge any policies that may be discriminatory. Furthermore, the Canadian Human Rights Act outlaws any kind of discrimination or prejudice on the basis of sexual orientation.
To ensure that LGBTQ+ students have a safe learning environment, many schools also offer support services such as GSA (Gender and Sexuality Alliance) groups and specialized counseling services that provide a confidential space for students to discuss their feelings about their sexual orientation or gender identity. There are also educational initiatives in many schools that promote awareness and understanding in order to foster a more inclusive environment.
All of these policies and initiatives are in place to ensure that LGBTQ+ students are protected and respected in their learning environment. By promoting an understanding and tolerant culture in schools, we can create a safe and supportive learning environment for all students.
Protecting Trans Rights
Transgender rights are a major issue in Canada, and there are many laws in place to protect individuals from hate crimes and discrimination. The law provides protection for transgender people and allows them to express their identity without fear of persecution or retribution.
In Canada, the Canadian Human Rights Act and the Criminal Code both recognize gender identity and expression as prohibited grounds for discrimination and hate crimes. They are also protected under provincial and territorial human rights legislation. This means that it is illegal to discriminate against someone based on their gender identity or expression.
The Canadian Human Rights Act also recognizes the right of transgender people to live as their true gender identity. This means that employers cannot deny a person a job or promotion because of their gender identity, and it is illegal for landlords to deny a transgender person housing based on their gender identity. In addition, any healthcare provider must offer services based on the gender identity the patient wishes to be recognized as.
Moreover, the Canadian Charter of Rights and Freedoms recognizes the right of everyone in Canada to be free from discrimination based on sex. This includes discrimination on the basis of gender identity or expression. This means that these protections apply throughout Canada, regardless of where a transgender person is living.
In addition, there are several provinces that have passed laws specifically to protect transgender rights, such as the Ontario Human Rights Code. This code protects transgender people from discrimination in any area of life, including employment, housing, services, and other areas. It also requires government agencies to provide appropriate services to transgender people.
Finally, in 2017 the federal government passed Bill C-16, which added gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act, and added them as an aggravating factor for hate crimes in the Criminal Code. This was a major milestone in the fight for transgender rights in Canada.
Overall, Canada has made great progress in providing legal protections for transgender people. However, there is still more work to be done to ensure that transgender people can live with equality and dignity.
Conclusion
Over the years, Canada has made great strides to protect the rights of the LGBTQ+ community. With the adoption of the Canadian Charter of Rights and Freedoms, many elements of discrimination based on gender and sexual orientation have been abolished, granting the LGBTQ+ community citizens the legal recognition and protection that they deserve. The introduction of immigration policies that recognize refugees based on their gender identity or sexual orientation has also been an important step in ensuring protection for LGBTQ+ individuals. Laws that provide protection against workplace discrimination, family laws that grant the same rights to all couples, and policies that aim to protect students have also been enacted. However, there is still more progress to be made in protecting the rights of the LGBTQ+ community in Canada. Hate crimes, bullying, and discrimination still occur, and there is a need for further protections and resources to ensure the safety and well-being of all LGBTQ+ individuals.
As Canada continues to strive for true equality for all of its citizens, it is important to recognize how far the country has already come. Through the work of dedicated activists, politicians, and communities, the rights of the LGBTQ+ community in Canada are increasingly protected and recognized. This guide has outlined the progress and challenges of human rights legislation related to this topic, and serves as a reminder that there is still more to be done in order to ensure full equality for the LGBTQ+ community.
References
When writing a guide about any important issue, it is important to cite sources that can be trusted. Often times, these sources will be credible academic studies or reports from organizations that specialize in the field.
For this guide, we used the following sources to help bring together the information on protecting LGBTQ+ rights in Canada:
- Blais, J., & Gibbons, A. (2017). LGBT Rights in Canada: A Historical Perspective. Journal of Comparative Family Studies, 48(5), 529–544;
- Human Rights Campaign. (2018). Human Rights Campaign-LGBTQ Resources and Issues. Retrieved from https://www.hrc.org/resources/category/lgbt-rights;
- Ladner, J. (2014). Toward an Inclusive Citizenship: Membership in a Canadian Nation. Critical Social Work, 15(1), 4–14;
- Pitcher, M. (2013). Decriminalizing Same-Sex Sexual Activity in Canada. Canadian Social Work Review, 30(2), 212–225.
In addition to the sources listed above, we consulted with several experts working in the field of LGBTQ+ rights in Canada to gain a deeper understanding of the progress and challenges facing the LGBTQ+ community.