Canada + LGBTQ2IA+: Our brief legal history

Canada + LGBTQ2IA+: Our brief legal history

LGBTQ2IA+ Rights in Canada
Lesbian, gay, bisexual, queer, transgender, intersex and asexual + (LGBTQ2IA+) rights in Canada are some of the most advanced in the Americas and in the world. Yet we do have some serious issues.

During the British North American era, same-sex sexual activity between men was a capital crime and resulted in the death penalty; however, there is no surviving record of any sodomites being executed and political figures were reluctant to enforce the law.

The death penalty was eventually repealed for sodomites and a broader law involving gross indecency between men was often enforced in the late-19th century.

During the early to mid 20th-century, the law often portrayed homosexual men as sex offenders until the infamous court case of Everett George Klippert (1965) resulted in his life imprisonment, who admitted to having sex with multiple men.

Same-sex sexual activity between consenting adults was decriminalized/legalized in 1969 as a result of legislation introduced in 1967, with then-Justice Minister and Attorney General of Canada Pierre Trudeau (who eventually became the 15th Prime Minister of Canada) famously commenting, "There's no place for the state in the bedrooms of the nation."

The laws

Canada: the image Canada has frequently been referred to one of the most gay friendly countries in the world, with Canada's largest cities Toronto, Montreal, Vancouver and Ottawa featuring their own gay villages.

Permanent Rainbow Cross walk at Davie and Bute, Vancouver

Sher Vancouver making history at first Surrey Vaisakhi Parade 2017

Sher Vancouver as Grand Marshall at Vancouver Pride 2017

John Horgan, BC Premier at Pride Parade 2017 – first time in 17 years that the leader of BC attended

Tru Wilson and her sister at Vancouver Pride 2017

In 2016, Justin Trudeau became the first sitting prime minister to march in the Vancouver Pride Parade (in 2017, he marched in the Toronto and Halifax Pride Parades)

Canadians: the polls Recent polls have indicated that a majority of Canadians support same-sex marriage, with the most support stemming from Ontario, Quebec and British Columbia, with the lowest support in Alberta.

What Does the law say? Share Findings
Quickly research online the laws in Canada in regards to the rights of people who identify within the realm of LGBTQ2IA+. Think: same sex marriage, adoption, discrimination, legal gender change, sexual reassignment, age of consent, the Charter, the Constitution . . . What Does the law say? Share Findings

What the laws say Same-sex couples began being granted domestic partnerships similar to that of married opposite-sex couples in the late 1990s and early 2000s. Same-sex marriage was already legalized in eight of ten provinces and one of three territories beginning in 2003.

What the laws say On July 20, 2005, Canada became the first country in the Americas and the fourth country (first was the Netherlands in 2001) in the world to legalize same-sex marriage nationwide after the enactment of the Civil Marriage Act.

A video A group of US children, ages 5-13, were asked their opinions about same-sex marriage, here is how they responded The opinions of children about these issues can give incredibly valuable insight into where our society currently stands and where we are headed as people. (15:58)

What the laws say Same-sex adoption has also been legal in all provinces and territories under varying rules – for four or our 10 provinces and 2003 for all provinces and territories.

What the laws say Discrimination on the basis of sexual orientation in employment, housing, and public and private accommodations is banned nationwide whilst discrimination on the basis of gender identity and expression vary by province and territory.

What the laws say The BC Ministry of Health has implemented the World Professional Association for Transgender Health (WPATH), Standards of Care for the Health of Transsexual, Transgender, and Gender- Nonconforming People, Version 7.

What the laws say This document outlines the medical conditions addressed by Sex Reassignment Surgery (SRS); specifies what medical services for adults are covered by the Medical Services Plan (MSP); and summarizes the WPATH revised standards of care. Other provinces have issued similar guidelines.

What the laws say People who have changed their gender identity/expression or sex (i.e. transgender, transsexual people) are allowed to change their legal gender in all provinces and territories under varying rules although it takes time and there appear to be many hiccups in the process.

What the laws say Canada has encouraged the cessation of conducting gender assignment surgeries on intersex peoples without consent. As of 2017, there is yet to be a legal ban but it should not be far off.

What the laws say The age of consent for anal sex is currently equal at 18 for both homosexuals and heterosexuals while vaginal + oral sex remains at 16 for both. The age gap between these has been found discriminatory by many political figures and academic/non-government publications.

What the laws say In 1967, the Canadian Forces required members of the military suspected of being homosexual to be investigated and then subsequently released. The Canadian Military repealed this policy and gays and lesbians have been allowed to serve openly since 1992.

What the laws say: enforcement rights
The rights of LGBTQ2IA+ Canadians are now as well protected as those of other Canadians largely due to several court decisions decided under Section 15 of the Canadian Charter of Rights and Freedoms that was included in the Constitution of Canada in , with Section 15 coming into effect in 1985.

Some of the cases were funded under the federal government's Court Challenges Program, which in was expanded to fund test cases challenging federal legislation in relation to the equality rights guaranteed by the Charter.

There has also been some funding to challenge provincial laws under a variety of programs, but its availability has varied considerably from province to province.

What the laws say: equality rights
The Constitution of Canada does not explicitly grant or deny any right to LGBTQ2IA+ people, and Section 15 of the Charter prohibits the main types of discrimination to which LGBTQ2IA+ Canadians may be subject.

Section 15(1) reads: "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."

In a landmark ruling in 1995 in the case of Egan v. Canada, the Supreme Court of Canada recognized that sexual orientation was implicitly included in section 15 as an "analogous ground" and is therefore a prohibited ground of discrimination. The grounds "sex" and "physical disability," have been interpreted to include homo+transsexuality and HIV/AIDS.

Section 15 applies to all laws and law enforcement (including government programs defined by laws) by all governments in Canada, but the Charter does not give rights against the private sector. For example, a discrimination complaint against a restaurant would need to be filed under federal or provincial anti-discrimination legislation and not the Charter.

What the laws say On May 17, 2016 the Government of Canada introduced legislation that aims to add gender identity and gender expression to Charter, making it explicit that transgender and other gender diverse persons have protection under the law.

What the laws say In July of 2016 Gender Identity/Expression was added to BC Human Rights Code.

THE BEGINNING OF A MOVEMENT VIDEO
The video (on Slide 33) describes the events leading up to the LGBTQ2IA+ Movement that took place on June 26, 1969 at the Stonewall Inn, a gay bar and lounge located in the Greenwich Village neighborhood of New York City.

THE BEGINNING OF A MOVEMENT VIDEO
The riots and parades that took place in the days that followed are known as the Stonewall Riots and are considered by many experts to be the start of the LGBTQ2IA+ rights movement in the United States, which filtered to Canada.

THE VIDEO The Stonewall Riots: Breaking the Wall of Inequality
10 minutes

HOW WE GOT GAY How We Got Gay (Doc Zone; CBC online) is a documentary that tells the powerful story of the struggle for gay rights, from the 40’s and 50’s to the present day. It takes us inside the secret lives gay people were forced to live, at a time when homosexuality was illegal in every province in Canada and every state in America and police harassment was a fact of life. 45 mins - Watch on your own

Read your LGBTQ2IA+ Course Pack
“Gay Rights Around the World” + respond to the Question

The world: “Rights”

LGBTQ2IA+ rights in the world?
Quickly research online the laws throughout the world pertaining to people who identify within the realm of LGBTQ2IA+. LGBTQ2IA+ rights in the world? Share Findings

World homosexuality laws
Dark Blue = Same-sex marriage Medium Blue = Other type of partnership (or unregistered cohabitation) Turquoise = same-sex marriages recognized but not performed Powder Blue = Limited recognition of same-sex marriages at the federal level, no state level recognition Grey = No recognition of same-sex couples World homosexuality laws

World homosexuality laws
Muted Yellow = Laws restricting freedom of expression and association Yellow = Unenforced penalty Orange = Imprisonment Light Red = Up to life in prison Deep Red = Death penalty

LGBTQIA+ Rights at the UN
Green = Support: Countries which have signed an LGBT rights Declaration in the General Assembly, sponsored the 2011 LGBT rights resolution in the UNHRC, or both (94 member-states) Red = Oppose: Countries which had signed a statement opposing LGBT rights in 2008; initially 57, but 3 countries switched to supporting LGBT rights (54 member-states) Grey = Neither: Countries which have not officially opposed or supported LGBT rights in the UN (46 member-states) LGBTQIA+ Rights at the UN

LGBTQ2IA+ Rights in the world
Laws affecting lesbian, gay, bisexual, transgender, queer, intersex and asexual people vary greatly by country or territory. Everything from legal recognition of same-sex marriage or other types of partnerships, to the death penalty as punishment for same-sex romantic/sexual activity or identity.

LGBTQ2IA+ rights are human rights and civil rights. LGBTQ2IA+ rights laws include, but are not limited to, the following:

Government recognition of same-sex relationships (such as via same-sex marriage or civil unions) LGBTQ2IA+ adoption, recognition of LGBTQ2IA+ parenting

Anti-bullying legislation and student non- discrimination laws to protect LGBTQ2IA+ children and/or students Immigration equality laws, anti-discrimination laws for employment and housing

Hate crime laws providing enhanced criminal penalties for prejudice-motivated violence against LGBTQ2IA+ people, equal age of consent laws Laws related to sexual orientation and military service

Anti-LGBTQ2IA+ laws include, but are not limited to, the following: sodomy laws penalizing consensual same-sex sexual activity with fines, jail terms, or the death penalty, anti-'lesbianism' laws, and higher ages of consent for same-sex activity.

In 2011, the United Nations Human Rights Council passed its first resolution recognizing LGBTQ2IA+ rights, which was followed up with a report from the UN Human Rights Commission documenting violations of the rights of LGBTQ2IA+ people, including hate crime, criminalization of homosexuality, and discrimination.

Following up on the report, the UN Human Rights Commission urged all countries which had not yet done so to enact laws protecting basic LGBTQ2IA+ rights.

LGBTQ2IA+: Death penalty
Only in Africa and Asia do individuals risk paying for their sexual orientation with their lives (although in other parts of the world this does happen but not at the high rates it happens in many of the countries in Africa and Asia).

In five countries, legislation remains in place that punishes homosexuality legally with the death penalty - Mauritania, Sudan, Iran, Yemen and Saudi Arabia.

In parts of Nigeria and Somalia too, the murder of gay, lesbian and trans individuals is practiced and not prohibited in state legislation.

But national legislation doesn't quite capture the full picture - in many places homosexuals are murdered by vigilantes (citizens who take matters into their own hands) while the state turns a blind eye.

In Jamaica, where homophobia is deep-seated, Dwayne Jones, a "cross-dressing" 17-year-old was "chopped and stabbed to death" by a mob according to local media reports. aica-transgender-murder-_n_ html

Incitement to hatred based on sexual orientation is only prohibited (against the law) in only 26 countries.

africa

LGBTQ2IA+: Uganda The Uganda Anti-Homosexuality Act, (previously called the "Kill The Gays Bill" in the media due to the originally proposed death penalty clauses) was passed by the Parliament of Uganda on 20 December 2013 with the death penalty proposal dropped in favour of life in prison.

LGBTQ2IA+: Uganda The bill was signed into law by the President of Uganda, Yoweri Museveni, on 24 February 2014. The legislative proposal would broaden the criminalization of same-sex relations in Uganda domestically.

LGBTQ2IA+: Uganda The law further includes provisions for Ugandans who engage in same-sex relations outside of Uganda, asserting that they may be extradited for punishment back to Uganda, and includes penalties for individuals, companies, media organizations, or non-governmental organizations that know of gay people or support LGBTQ2IA+ rights.

L LGBTQ2IA+ Rights in the world
Uganda president-to-sign-anti-gay-bill-monday/ tabloid-publishes-list-of-the-countrys-top- homosexuals/

"A Prayer for Uganda” VICE 16:44 minutes

LGBTQ2IA+: life sentences
In ten countries, the punishment for 'homosexual illegal acts' is a sentence anywhere between 14 years and life. In a further 55 countries, homosexuals can face imprisonment for up to 14 years - 27 of those countries are in Africa.

LGBTQ2IA+: life sentences
With a few notable exceptions, such as South Africa, most African countries from Algeria to Zimbabwe have some form of legal persecution against homosexuals. Most sentences are accompanied by considerable fines to be paid to the state.

Different sexual orientations, different rules
In 15 countries, the age of consent was different for sexual intercourse between same-sex partners than it was for heterosexual ones.

Even in countries where same-sex unions are recognized by the state (31 countries) a far smaller number (11 countries) offer those couples most or all of the rights afforded by marriage.

MAURITANIA: Penal Code of 1984 "Article Any adult Muslim man who commits an indecent act or an act against nature with an individual of his sex will face the penalty of death by public stoning."

TOGO: Penal Code of 13 August 1980 Article 88: "Impudent acts or crimes against the nature with an individual of the same sex are punished with imprisonment from one to three years and 100, ,000 Franc in fine."

GAMBIA: Criminal Code 1965, amended 2005 Article 144: Unnatural offences: “(1) Any person who - (a) has carnal knowledge of any person against the order of nature; …

… or (b) has carnal knowledge of an animal; or (c) permits any person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for a term of 14 years."

LGBTQ2IA+: ASIA LGBTQ2IA+ rights in Asia are limited in comparison to many other areas of the world. Same-sex sexual activity is outlawed in at least twenty Asian countries.

LGBTQ2IA+: ASIA In the Islamic regimes of Afghanistan, Brunei, Iran, Saudi Arabia, and Yemen, homosexual activity is punished with the death penalty. Other countries have milder discretionary punishment such as imprisonment.

LGBTQ2IA+: ASIA Israel, Nepal, Philippines, Taiwan, Thailand, Hong Kong, Japan, and Cyprus (excluding Northern Cyprus) are the most open to the LGBTQ2IA+ community in Asia.

LGBTQ2IA+: ASIA The Philippines ranked 9th as the friendliest country in the world to gay people despite having no legislation to recognize same-sex marriage or unions due to the predominant Catholic population.

LGBTQ2IA+: ASIA Japan, Israel, Taiwan and Nepal are the major players in same-sex legislation. While at least nine countries allow same-sex people to serve in the military, only Israel provides a wider range of LGBTQ2IA+ rights - including same-sex relationship recognition.

LGBTQ2IA+: ASIA Same-sex sexual activity legal = legal in 33 out of 55 states. Gender identity/expression = Legal in 21 out of 55 states. Military service = Legal in 10 out of 55 states.

LGBTQ2IA+: ASIA Discrimination protection = Legal in 7 out of 55 states. Recognition of relationships = Legal in 1 out of 55 states. Adoption = Legal in 2 out of 55 states.

Asia Same-sex sexual activity legal:
BLUE Other type of partnership (or unregistered cohabitation) TURQUOISE Foreign same-sex marriages recognized1 GREY No recognition of same-sex couples MUTED YELLOW Restrictions on freedom of expression Same-sex sexual activity illegal: YELLOW Not Enforced or unclear ORANGE Penalty RED Life in prison DARK RED Death penalty

LGBTQ2IA+: ASIA LGBTQ2IA+ rights in Asia:
LGBTQ2IA+ rights by country or territory: ntry_or_territory

russia

LGBTQ2IA+: Russia Following the fall of the Soviet Union in 1991, Russia liberalized some of its anti-LGBTQ2IA+ laws. Most notably, homosexual relationships were decriminalized in 1993.

LGBTQ2IA+: Russia Transgender Russians were also allowed to change their legal gender on identity documents since ; although there are many obstacles to the process and invasive surgical requirements remain in place.

LGBTQ2IA+: Russia Despite these liberalization trends during the immediate post-Soviet period, in recent years, Russian authorities have routinely denied permits for Pride parades, intimidated and arrested LGBTQ2IA+ activists and condoned anti- LGBTQ2IA+ statements by government officials.

LGBTQ2IA+: Russia ILGA-Europe (the European section of the International Lesbian, Gay, Bisexual, Trans and Intersex Association), rates Russia as the least protective country in Europe for LGBTQ2IA+ citizens, ranking it 49th out of the 49 European countries rated in its annual survey.

LGBTQ2IA+: Russia In June 2013, the Russian Duma in Moscow passed a new law banning the “propaganda of non- traditional sexual relationships” to minors.

LGBTQ2IA+: Russia The new federal law is closely related to several regional laws that were already on the books, all of which seek to penalize “propaganda” of homosexuality, generally with the intent of “protecting” minors.

LGBTQ2IA+: Russia The city of Sochi, which was the site of the Winter Olympics, has one of those regional laws in place.

LGBTQ2IA+: Russia While the regional laws are not uniform, like the new federal law, they all tend to advance vague definitions of propaganda that lend themselves to the targeting and ongoing persecution of the country’s LGBTQ2IA+ community.

LGBTQ2IA+: Russia The language of this new law focuses on “non- traditional” sexual relationships, to contrast with “traditional values” or “traditional family” language that Russia was promoting at the UN to oppose positive statements supporting the human rights of LGBTQ2IA+ people.

LGBTQ2IA+: Russia The federal anti-LGBTQ2IA+ propaganda law, as signed by President Putin on June 29, 2013 entered into force in Russia on June 30 of that year.

LGBTQ2IA+: Russia In the federal law, propaganda is defined as:
“distribution of information that is aimed at the formation among minors of nontraditional sexual attitudes, attractiveness of non- traditional sexual relations, misperceptions of the social equivalence of traditional and non-traditional sexual relations, or enforcing information about non-traditional sexual relations that evokes interest to such relations ”

LGBTQ2IA+: Russia The new law sets administrative fines for LGBTQ2IA+ propaganda at 4,000 to 5,000 rubles for individuals (about $110 - $140 Cdn. dollars) and up to 800,000 to 1 million rubles for NGOs, corporations or other legal entities (about $22, $28,000 Cdn. dollars).

LGBTQ2IA+: Russia More severe administrative fines are allowed for propaganda transmitted via the Internet or other media networks or by a foreign citizen. Foreigners are also subject to 15 days of prison and deportation from Russia.

LGBTQ2IA+: Russia A new decree, signed by Russian Prime Minister Dmitry Medvedev and posted on Feb. 12, 2014 on an official government website, expands a ban on adoptions by same-sex couples to specify that “same-sex couples who are lawfully married in countries that have legal same-sex marriage, or unmarried nationals from these countries” will not be allowed to adopt Russian children.

LGBTQ2IA+: Russia There are currently 15 countries that legally recognize same-sex marriages. Only 14 countries allow adoptions by same-sex couples.

LGBTQ2IA+: Russia Russia, however, looks set to become the first country to specifically ban adoptions by single applicants living in countries that permit gay marriage.

LGBTQ2IA+: Russia According to the official RIA Novosti News Agency, France, Spain and Canada are the countries that adopt the most Russian children and all three recognize same-sex marriages.

LGBTQ2IA+: Russia There are many forms of protest and outreach by the Russian people.

LGBTQ2IA+: Russia Children 404 = is a Russian public internet project which supports homosexual, bisexual and transgender teenagers in Russia. Founded by Elena Klimova, a Russian journalist in the Rosbalt agency, who wrote in March 2013 a series of articles on the topic of LGBTQ2IA+ children.

LGBTQ2IA+: Russia On 31 January 2014, an administrative case was brought up against Elena Klimova for alleged violation of the law concerning "gay propaganda". She was found not guilty of promoting this “lifestyle.”

LGBTQ2IA+: Russia A documentary film was released in August called Children 404. (6:47)

LGBTQ2IA+: Russia Pussy Riot is a Russian feminist punk rock protest group based in Moscow. Founded in August 2011, it has a variable membership of approximately 11 women.

LGBTQ2IA+: Russia They stage unauthorized provocative guerrilla performances in unusual public locations, which are edited into music videos and posted on the Internet. Three main group members, Nadezhda (Nadia) Tolokonnikova and Maria Alyokhina, and Yekaterina Samutsevich.

LGBTQ2IA+: Russia Their lyrical themes include feminism, LGBTQ2IA+ rights, opposition to the policies of Russian President Vladimir Putin, whom they regard as a dictator, and links between Putin and the leadership of the Russian Orthodox Church.

LGBTQ2IA+: Russia Three main group members were arrested and charged with hooliganism in 2012. They were imprisoned in March 2012 as a result of their performance in February at Moscow's Cathedral of Christ the Savior.

LGBTQ2IA+: Russia Denied bail, they were held in custody until their trial began in late July. On August 17, 2012, the three members were convicted of "hooliganism motivated by religious hatred", and each was sentenced to two years imprisonment.

Maria Nadia Yakaterina

LGBTQ2IA+: Russia On October 10, 2012, following an appeal, Samutsevich was freed on probation, her sentence suspended - the sentences of the other two women were upheld. In late October Alyokhina and Tolokonnikova were sent to separate prisons.

LGBTQ2IA+: Russia Having served 21 months, Tolokonnikova and Alyokhina were released on December 23, after the State Duma approved an amnesty. Pussy Riot performed during the Winter Olympics in Sochi, where they were attacked with whips and pepper spray by Cossacks Militia who were employed as security.

LGBTQ2IA+: Russia On the heels of the closing ceremonies at the Sochi Olympics, members of the activist punk band Pussy Riot were detained again.

LGBTQ2IA+: Russia Russian police detained hundreds of protesters during a demonstration against the sentences of seven men, who were recently convicted of rioting and violence against police in May of 2012 and given sentences of two and a half to four years. The men were protesting Putin’s return to the presidency for his third term.

LGBTQ2IA+: Russia Pussy Riot’s Maria Alyokhina and Nadezhda Tolokonnikova were both arrested in the protests (Feb 25, 2014). Alyokhina tweeted a photo of the pair at the protests, writing that they are in a police van with 30 people without air or light.

Rights around The world

The Welcome (a video) The United Nations Free & Equal campaign presents the first-ever Bollywood music video for gay rights, featuring Bollywood actress and UN Equality Champion Celina Jaitly. The message: everyone should be welcomed into their family's hearts, regardless of their sexual orientation. (2:43)

LGBTQIA+ Rights in the world
Country by Country Chart try_or_territory

Geography of hate map Researchers at Humboldt State University tried to understand hatred by reading 150,000 geo-coded tweets = the result is an interactive map that shows where homophobic sentiment is strongest in the US (open on iPads or phones). map.html

Article Reflection – see your course pack for the reading + question: “Gay rights around the world: the best and worst countries for equality”

Coming soon: AN Action Plan
UP Next: Identity and Expression

Canada + LGBTQ2IA+: Our brief legal history

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