In 1988 the “American Republican President Ronald Reagan...[Authorized] all four of the court’s major gay rights ruling” (Reuters,2015). This is when America noticed that everyone should be given equal rights regardless of their orientation. Shortly after this proposal gay marriage had become legalized in 12 American states, however, 36 states are still banning gay marriage (Weese,2013).In 2010 American action, President Obama “signed a law allowing gays to serve openly in the U.S military(Reuters,2015).This step occurred in Canada many years ago as well as equality for the all so many smaller actions have been taken to end hate crime. In Canada, Regina Saskatchewan Police Services have created a Report Homophobic Violence, Period (RHVP) training seminar, with hopes to eliminate hate crime towards the LGBTQ community (Hamelin, pg.A.4). This program not only aims to educate the authority system about hate crime towards LGBTQ communities but it also informs the police services of positive stigmas to refer to. Programs similar to the Saskatchewan training seminar should be created so that the severity of hate crime offences towards the LGBTQ are acknowledge. In Canada, “Vancouver reported the highest proportion of hate crimes motivated by sexual orientation (26%)” (Dowden, 2012).In 2009“74 per cent of hate crimes …were motivated by sexual orientation, with 63 per cent resulting in injury (Dowden, 2012). In recent hate crime studies a decrease in statistic shows that only “16% of motivated hate crimes…accounted for sexual orientation” (Dowden, 2012). But 65% of hate crimes motivated by sexual orientation were violent” (Dowden, 2012). This shows that Canada is in fact taking an initiative to end the discrimination against the LGBTQ community but not taking in counter of the severity in which these cases are causing. In addition to hate crime statistics for the
Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper
In the eyes of a Canadian, the notion of human rights has evolved drastically over time. Change is ignited when someone feels as though they are being treated unfairly and action is taken to reverse this oppressive environment. There has been a historical pattern of unjust and inhuman acts towards perceived racially inferior groups in Canadian history during the 20th century. The uprising of Black Civil Rights was a crucial step towards an equal and just society; despite Canada’s influence in the fight against the Nazis’ repressive actions in WW2, the fight for racial
Pierre Trudeau first brought out the official language act of Canada in 1969. He presented the Canadian population with the beliefs that Canada should have
The first reason that shows that Canada has become a “just society” is the changes to women’s legal rights. Since the 1970s, many women have stepped up to the work of politics. Several instances include Kim Campbell, the first woman to become the prime minister of Canada,1 Kathleen Wynne, the first premier of Canada to be lesbian,2 Beverley McLachlin, the “first female chief of justice of the Supreme Court of Canada,”3 and Catherine Callbeck, the second female provincial premiere and first woman to win
Fifty years ago, in the early sixties, being gay was illegal in every providence in Canada, and in every single state in the United States. In the 1950’s, many gay individuals saw the men who had devoted their lives to being out and they knew what a horrible life that made for those men. This caused many gay men to “pass,” or live their entire lives in the closet. They would marry women for the soul purpose of protecting their secret. Before the stonewall riots, many Americans did not even believe gay people existed. Due to the lack of education and bigotry amongst Americans, being gay was very dangerous. Sexual acts in the gay community were commonly done in unsafe places and in public because they simply had nowhere else to go. Homosexuality was not just criminalized it was medicalized (Bawer). If you were gay, you could be subject to go into hospitals and were viewed by society as having a disability and a disease. In April of 1965, the very first gay protest took place in Washington DC. This protest was revolutionary and it began to pave the way for the future of gay men and women and reshape gay culture. In 1969, not long after the first gay protests of 1965, Canada decriminalized homosexual sexual acts in the privacy of one’s own home (Guerre). This was groundbreaking and gave the gay community hope that change was coming. Also, taking place in 1969 were the historic stonewall
Prime Minister Justin Trudeau apologized for decades of state-sponsored laws and policies that led to discrimination and violence that ruined the lives of many Canadians. Trudeau expressed sorrow, shame, and guilt to the civil servants, military members, and criminalized Canadians who were victimized and mistreated based on their sexual orientation. This heartfelt apology shed many tears, in the audience and for Trudeau himself. Trudeau recounted on how the lives of lesbian, gay, bisexual, transgender, and queer Canadians were ruined, shamed, and silenced. “Our laws made private and consensual sex between same-sex partners a criminal offence, leading to the unjust arrest, conviction and imprisonment of Canadians”. These laws and policies enforced by the government legitimized and provoked hatred and violence towards the LGBTQ community, and impacted employment, volunteering and even travel. For many decades in the 1900’s, the Canadian government exercised its authority in a cruel and unjust manner, as those who admitted they were gay were fired, discharged or intimidated into resignation; they lost dignity, lost careers, and had their dreams and lives shattered. From this day forward, Prime Minister Justin Trudeau encourages Canadians to end discrimination against the LGBTQ community, and promotes equality amongst all.
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,  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
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
The following thesis will lay out the progression in the LGBTQIA movement along with the deficits that these individuals have encountered throughout history. An interdisciplinary perspective through historical,
The Charter of Rights and Freedoms (2)“reflect the fondest dreams, the highest hopes and the finest aspirations of Canadian Society” and although “Sexual Orientation” is not recorded under the sections protected from discrimination, it was deemed by the Supreme Court of Canada in the Egan v. Canada, 1995 case to be an equivalent ground to make claims of discrimination; Gay men and women are all
The Charter of Rights and Freedoms is part of Canada’s written constitution called the Constitution Act in 1982 it was the second main aspect of the Act and it guaranteed fundamental, democratic, legal, egalitarian, and linguistic rights and freedoms against government intrusion, it imposed formal new limitations on the governments in interaction with its citizens. The charter has made society more equitable for visible minorities through its use of its Fundamental Rights and Freedoms and Section 15 which say that every individual is equal before and under the law and has the right to equal protection and benefit of law without discrimination, but does the Charter really represent Canada’s egalitarian society or are we just saying we care without actually taking action. In this paper it will be shown that the Charter of Rights and Freedoms has not made Canadian society more equitable and will discuss the right side and the left side of the debate, while agreeing with the left sided critiques. The right winged perspective on the Charter argues that the groups are not seeking equality, but, instead, are asking judges to grant them political advantages through favorable Charter decisions ( Smithey, S. I., 2001, p. 2) while the left winged perspective is the Charter not only does not go far enough, but actually retards egalitarian progress in Canada and that the Charter is essentially a classically liberal document designed to constrain state action rather than to require the
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
The struggle for equality has been intense, and still continues to this day. With this being said, much progress has been made in establishing respect and external acceptance for all individuals sense of identity. For example, in 2015 the Supreme Court ruled in favor of Same Sex Marriages, marking a pivotal point in the civil rights movement for the LGBTQ community. For many, this act helped to support their sense of self, a right that been denied for so long. The United States effectively validated the LGBTQ community, giving this group all rights granted to all other citizen’s, However, the creation and acceptance of this community has not had positive benefits for all members. The Gender Binary has been changed, but many distinctions
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.