In the last decade, Canadian courts have increasingly recognized gay marriages. This recognition has been long overdue as the Canadian gay community was routinely oppressed prior to this string of court rulings. This was a definite victory for Canadian democracy, seeing that a minority group has had its rights protected. Paul Martin, after having presented the Civil Marriage Act, described it "as a natural and necessary evolution of minority-rights protection under the Canadian Charter of Rights and Freedoms." (Den Tant, 2005) However, there are certain inconsistencies with this seemingly pluralistic approach that have become more apparent in recent years. Canadian democracy may be defined as "majority rule, minority rights," and with …show more content…
(Dyck, 2004) It is necessary to take note of this because those who would justify the incarcerations, penalties and to some extent oppression of religious and other figures against gay marriage may state that Canada is a secular nation and human rights take precedence over religious beliefs. This is correct in essence but also contradicts itself in this context; religious figures have been much oppressed as a result of this power shift and therefore also qualify for protection under the Charter of Rights and Freedoms. This will become more evident with relevant examples.
In May of 2002, Marc Hall, a gay student in an Oshawa catholic school was not permitted by school officials to take his boyfriend to the graduation prom. A court case was launched and the judge ruled in favour of Hall. The school officials said that they were not against Hall's homosexuality but did not wish to send an image of public homosexual acceptance as it goes against the teachings of the church. Hall had the right to switch to a public school but he refused. (CBC, 2002) The result was great merriment amongst the gay community and outrage amongst the religious. This ruling made a mockery of catholic schools where it could have been avoided. Hall should have been advised by the judge to transfer to a public school and had his prom there.
Another important issue is the means by which this trend has been enforced. Bishop
As we enter the new millenium, diversity in the workforce is rapidly increasing. Businesses and organizations are living up to the great melting pot image the United States has always been popular for. Employees now reflect a diversity of cultural perspectives, ethnic backgrounds, ages, genders, physical abilities, and levels of education. This wave of multiculturalism is here to stay and cannot be ignored. It is in need of attention in order to uphold the well-being and success of businesses and organizations all over the country.
I believe it is important to first analyze the word diversity when examining the need for diversity within a classroom. According to Webster's New Pocket Dictionary, diversity means variety, a number of different kinds. I often discuss and read about diversity in terms of cultural backgrounds; the unification of histories and stories from people from all over the world. Although, I believe that in a higher-educational setting, diversity can also be discussed as the acceptance of the various minds within a classroom. I believe that it is important to recognize the thoughts and experiences of others in a learning environment. Collectively, students learn from teachers, teachers learn from students, and students learn from their peers. By
When law, a means that is there to protect everyone is brought into questioning, yet another conflict as a result of a change in progress is brought forth. It is the role of law and those who practice it to protect the equality of everyone. However, when a change is proposed concerning it, challenges also accompany it. One such event that is occurring in today’s society is the controversy of establishing a law school under a faith-based school’s regulation. Trinity Western University won approvals in December to open a law school over objections from lawyers, students and LGBT groups who are in opposition as TWU is known to discriminate against homosexuals. TWU is a faith-based school that forbids same-sex intimacy. Many concerned law professors are therefore pressing their provincial societies to rethink recognizing graduates from TWU. There is also clashes occurring between the choice of religious freedom and equality rights as lawyers are faced with the problem of choosing between the two freedoms under their duty to not discriminate. As this very controversial topic that
The schema of a Clinical Psychologist is a slightly older, Caucasian female. Just like schemas in any other profession, this may inadvertently discourage some to join certain vocations because they may not see themselves fitting the schema. I am fortunate that my rich array of experiences has taught me otherwise.
A troubling issue for schools now is how to deal with the issue of homosexuality. The struggle for gay rights often causes heated opposition, particularly on moral grounds from members of religious groups. (Essex, 2005, p. 43) Schools have an obligation to maintain a peaceful environment free of significant disruption, while supporting students' rights of free speech. Schools should ". . . create an environment that is characterized by respect for individual views and divergent forms of expression within reasonable limits. The challenge seems to involve achieving a reasonable balance between an orderly educational environment and respect for the free speech rights of students. Precisely, where do they draw the line?" (Essex, 2005, p. 44)
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
It is anti-democratic to give power to judges when they contradict the decisions made by the elected Canadian government officials (Cameron, 2009, p. 23). Judicial activism argues to protect individuals Charter rights, but the reading in of sexual orientation directly goes against the Charter (Cameron, 2009, p. 26). Judicial activism aims to protect individual Charter rights, but can instead end up going against the
This paper will critically analyze the approach taken by the courts to apply the provisions of the Equality Act 2010 in cases where the protection is given to religious and other beliefs conflicts with the protection rights of others.
The Canadian Charter of Rights and Freedoms embody the ideals of our nation and present a series of fundamental freedoms so that citizens are enabled to receive equality and can feel safe and included within their society. One of the main things that the Charter has promoted is that the enforcement of a law does not necessarily make it fair for everyone. Different people require different treatment in order for full equality to be attained. However, at one point the Charter failed to recognize the needs of a very prevalent group – homosexuals. The Charter was approved in 1982 and devised a list of protected cases such as gender, race, religion and etcetera, but it failed to acknowledge sexual orientation. However, in 1985 a report titled
Activism and social movements are a crucial part of Canadian society when it comes to the representation of human rights and the development of public policies. Canada is considered to be one of the leading countries in the world with respects to their high sensitivity to democracy, freedom of speech and inclusive policies. However, this has not always been the case. Throughout the years, Canada has experienced a series of events that have shifted their public policies to embrace a more liberal approach. Similar to the various waves of feminism movements in the past, the lesbian, gay, bisexual, transgender and queer (LGBTQ) activists have been able to generate consciousness around their community and bring changes within the public sector.
Is there a way to balance the protection of individual rights while protecting the public at the same time? There are many arguments to this question due to the grey areas surrounding individual rights and public rights. Many argue that their rights are violated but then complain when the protection of the public is breached. This needs to be a give and take situation and people need to realize that they will have to give up some privacy for the good of all.
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
J. (2014). Resisting LGBT Rights Where “We Have Won”: Canada and Great Britain. Journal Of Human Rights, 13(3), 322-336. doi:10.1080/14754835.2014.923754
Discrimination concerns have also become a problem regarding the Charter of Rights and Freedoms. In the past, homosexuals were discriminated and penalized for their sexual orientation. They were murdered in the early twentieth century and then later on imprisoned as time passed. Discrimination also arose if employers discovered of their employees homosexual orientation, which caused them to lose their employment. The equality rights have also been violated concerning marriage benefits and the definition as well – (1) 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. Before the definition of marriage was changed, homosexuals were not included under the law stating marriage as the union between a man and a woman. The government found it unconstitutional and changed it so it would correspond to the changes in the twenty-first century and reflect Canadian society in the present stating that marriage is a civil act