September 9, 2018
The grounds "sex" and "physial disability," have been terpreted to lude transsexuality and HIV/AIDS (see disussion below).
Setion 15 applies to all laws and law enforement (ludg government programs defed by laws) by all governments anada but the harter does not give rights agast the private setor For example a disrimation omplat agast a restaurant would need to be filed under federal or provial anti-disrimation legislation and not the harter. If you manage to get married under the age of 21 without onsent your parents an ask to have your -Sex s:Yes On 11/14/2006 South Afria's National Assembly approved the same-sex ivil Union The tent of the is to allow the solemnized and registered voluntary union of two persons without referene to whether the dividuals are heterosexual or r under grounds of morality the new does allow either religious or ivil offiers the right to refuse to marry same-sex ouples. On J the anadian Human Rights At (HRA) was amended to lude sexual orientation as a proteted ground The HRA guarantees the right to equality equal opportunity fair treatment and an environment free from disrimation employment and the provision of goods servies failities or aommodation with federal jurisdition. Human rights ats have no exeptions speifially for sexual orientation or gender identity however human rights ats typially lude an exeption for "bona fide requirements" or qualifiations that applies to most grounds (e.g sex sexual orientation disability) but only when the strgent requirements of the Meior Test are met Se human rights ats are quasi-onstitutional laws it is not possible for job appliants or unions for example to sign away equality rights. However other laws may expliitly say that they apply notwithstandg a human rights at Furthermore some olletive agreements lude broad non-disrimation provisions that atually expand upon the rights listed human rights ats. Hris Lea leader of the Green Party of anada from 1990 to 1996 was the first openly gay politial party leader anada Svend Robson beame 1995 the first openly gay andidate for the leadership of a politial party with representation the House of ommons although he was not suessful André Boislair the former leader of the Parti Québéois beame the first openly gay leader of a party with parliamentary representation North Ameria; Allison Brewer former leader of the New Brunswik New Demorati Party was also eleted leader as an out lesbian. On June 6 2018 the ity ounillors of Vanouver unanimously voted to prohibit onversion therapy by busesses regardless of age The busess liene bylaw applies to all liene holders ludg religious groups.
As of August 2016 there have been alls to ban the pratie other proves ludg Alberta. Anada has frequently been referred to as one of the most gay-friendly ountries the world with anada's largest ities Toronto Montreal Vanouver and Ottawa featurg their own gay villages and beg named among the most gay-friendly ities the world. Reent polls have diated that a large majority of anadians support same-sex  The rights of LGBT anadians are now as well proteted as those of other anadians largely due to several ourt deisions deided under Setion 15 of the anadian harter of Rights and Freedoms that was luded the onstitution of anada 1982 with Setion 15 omg. Furthermore it may not be enough for shools to progressively disiple bullies when this is effetive Shools are responsible for providg an eduational environment that is free from disrimatory harassment and this may require them to provide "resoures to adopt a broader eduative approah to deal with the diffiult issues of harassment homophobia and disrimation." The Supreme ourt of anada deled to hear an appeal from the Jubran deision thus addg to its authoritativeness. By July 2005 same-sex s were legally reognized all proves and territories exept Alberta Pre Edward Island Northwest Territories and Nunavut enompassg over 85% of anada's population of roughly 31 million people. It is with shame and sorrow and deep regret for the thgs we have done that I stand here today and say: We were wrong We apologize I am sorry We are sorry To members of the LGBTQ2 ommunities young and old here anada and around the world: You are loved And we support you To the trailblazers who have lived and struggled and to those who have fought so hard to get us to this plae: thank you for your ourage and thank you for lendg your voies I hope you look bak on all you have done with pride It is beause of your ourage that we’re here today together and remdg ourselves that we an and must do better For the oppression of the lesbian gay bisexual transgender queer and two-spirit ommunities we apologize On behalf of the government Parliament and the people of anada: We were wrong We are sorry And we will never let this happen aga. Ongratulations and muh happess as you beg your lifetime journey together!Make sure you understand the requirements and regulations Requirements may vary as eah loale South Afria ould have their own Requirement:You will need to provide identity douments and birth ertifiates or an affidavit BI- you are not a resident of South Afria you will need to show your y:A weddg South Afria needs to be performed a buildg with open ne Requirement us s:You will need to show proof of termation of any previous s The ertified opy of the fal deree of divore or your deeased spouse's death ertifiate are required. 1977 a ban on gay and bi men donatg blood was enated. 2013 this ban was partially lifted and allowed for men who have sexual ontat with another man to donate blood after a five-year deferral period. June 2016 Health anada announed that the blood donation deferral period would be redued to one year The new riteria took effet on August. The Federal Government and every prove and territory anada has enated human rights ats that prohibit disrimation and harassment on several grounds (e.g rae sex gender identity or expression marital status religion disability age and sexual orientation) private and publi setor employment housg publi servies and publiity Some ats also apply to additional ativities These ats are quasi-onstitutional laws that override ordary laws as well as regulations ontrats and olletive agreements. They are typially enfored by human rights ommissions and tribunals through a omplat vestigation oniliation and arbitration proess that is slow but free and ludes protetion agast retaliation A lawyer is not required. The onstitution of anada does not expliitly grant or deny any right to LGBT people and Setion 15 of the harter prohibits the ma types of disrimation to whih LGBT anadians may be subjet Setion 15(1) reads:
Sexual orientation is more than simply a 'status' that an dividual possesses; it is an immutable personal harateristi that forms part of an dividual's ore identity Sexual orientation enompasses the range of human sexuality from gay and lesbian to bisexual and heterosexual orientations. All human rights laws anada also expliitly prohibit disrimation based on disability whih has been terpreted to lude AIDS AR and beg HIV positive and membership a high-risk group for HIV fetion. As of 2018 there are six members of the House of ommons and two senators who openly identify as gay or lesbian. It is important that you verify all formation with the loal liense offie before makg any weddg or travel plans Soure: Home- .za On J the Governor General granted royal assent to -66 whih allows men who were onvited of homosexual ats prior to their legalisation 1969 to have their "onvitions" erased from their rimal reords. On Novem Prime Mister Just Trudeau issued a formal apology Parliament to members of the LGBT ommunity: Weddgs How to Get Married onnetiut Weddgs The urriulum of publi shools partiularly British olumbia are now beg amended to orporate LGBT topis reality implementation of urriulum varies from shool division to shool division and often from teaher to teaher. By Sheri Stritof Updated 12/10/17 Between 2002 and 2005 ourts several proves and one territory ruled that restritg to opposite-sex ouples onstitutes a form of disrimation that is prohibited by Setion 15 of the harter of Rights and Freedoms and struk down the federal defition requirg that those jurisditions register same-sex s The first rulg required the Federal Government to draft legislation reognizg same-sex but later rulgs brought the new defition to effet immediately the jurisditions onerned anadian jurisditions thereby beame the third the world to allow same-sex after the Netherlands and Belgium. Religious eduational stitutions may many ases disrimate based on sexual orientation agast students and staff aordg to religious dotre Nevertheless if they rent failities to the general publi on a ommerial basis without regard to their religion they may not refuse to rent them to LGBT groups. ontroversially the anadian Supreme ourt ruled favour of denyg areditation to a religious university 2018 due to its poliies banng students who have had sex outside of or. Prohibited disrimation ours not only when someone is treated less favourably or is harassed based on a prohibited ground but also when a uniform poliy or pratie has a perhaps untended disproportionately adverse effet based on the ground This is alled "adverse effet disrimation." For example it might theory be disrimatory for shools open to the publi to require parental onsent for student partiipation all shool lubs assumg that students are less likely to ask for or get permission to partiipate gay–straight alliane lubs. Se June 2017 all proves and territories of anada expliitly prohibits with their human rights equal opportunity and/or anti-disrimation legislation disrimation based on gender identity or gender identity or expression. Previously human rights ommissions onsidered that sex disrimation ludes disrimation based on gender identity.
The Ontario Human Rights ommission defes gender identity as follows: You need to have two witnesses at your weddg eremony to sign the s nt:ivil s an only be offiiated by authorized ty Property:Yes unless there is a valid antenuptial formation:You an reeive more formation about gettg married South Afria by ontatg an offie of the South Afrian Department of Home Affairs. June 2015 the Affirmg Sexual Orientation and Gender Identity At ( 77) was made law the prove of Ontario The at bans onversion therapy on mors and forbids it from beg funded under the Ontario Health surane Plan publi health are for anyone of any age The was trodued by heri Dovo a member of the Ontario New Demorati Party and passed the Legislative Assembly with the support of all three parties the legislature. One reent study by Mark W Lehman suggests that between 1997 and 2004 anadian publi opion on legalizg same-sex underwent a dramati shift: movg from mority support to majority support and that this support was the result of a signifiant shift positive feelgs towards gays and lesbians. A ustomary South Afria is one that is "negotiated elebrated or onluded aordg to any of the systems of digenous Afrian ustomary law whih exist South Afria and that this does not lude s onluded aordane with Hdu Muslim or other religious rites."Soure: Home- .za Proudpolitis a ross-partisan organization dediated to providg networkg and fundraisg assistane to LGBT politiians and andidates spired by the Amerian Gay & Lesbian Vitory Fund was established Toronto 2013.
On Novem Randy Boissonnault Liberal MP for Edmonton entre was named Speial Advisor on LGBTQ2 issues to the Prime Mister The role volves advisg the Prime Mister "on the development and o-ordation of the Government of anada's LGBTQ2 agenda" ludg protetg LGBT rights anada and addressg both present and historial disrimation. Gender identity is lked to an dividual's trsi sense of self and partiularly the sense of beg male or female Gender identity may or may not onform to a person's birth assigned sex The personal harateristis that are assoiated with gender identity lude self-image physial and biologial appearane expression behaviour and ondut as they relate to gender … dividuals whose birth-assigned sex does not onform to their gender identity lude transsexuals transgenderists tersexed persons and ross-dressers A person's gender identity is fundamentally different from and not determative of their sexual orientation. As of 2006 few shools anada have implemented the Jubran requirements and anti-gay bullyg and name-allg by students. The rate of suiide and depression among LGBT youths is higher than non-LGBT students and so to ounter homophobia and bullyg shool and to provide support to LGBT students students some shools have set up gay–straight allianes or similar groups, sometimes with support from teahers assoiations. The Federal Government announed the summer of 2003 that it would not appeal the deisions and would draft legislation to allow same-sex s aross the ountry The was put before the Supreme ourt of anada to ensure that it would withstand a harter hallenge by those who oppose same-sex The Supreme ourt heard arguments on the draft legislation Otober 2004 The was passed by Parliament July 2005 makg anada the fourth ountry to legalize same-sex nationwide and the first to do so without a resideny requirement (See. Some of the ases were funded under the Federal Government's ourt hallenges Program, whih 1985 was expanded to fund test ases hallengg federal legislation relation to the equality rights guaranteed by the harter There has also been some fundg to hallenge provial laws under a variety of programs but its availability has varied onsiderably from prove.
Publi eduation governane bodies may plae limits on the freedom of expression and the freedom of religion rights of teahers and shool ounsellors with respet to statements they may make regardg LGBT issues both on and off the job Teahers and shool ounsellors are onsidered to hold positions of trust and fluene over young people and are required to ensure that their publi statements do not impair publi onfidene the shool system or reate an unwelomg or tolerant shool environment. On Manitoban Health Mister Sharon Blady announed measures to stop onversion therapy Manitoba Blady said the prove's human rights ode prohibits disrimation based on sexual orientation – ludg how health are servies are provided. Blady also stated that "it is the position of the Manitoba Government that onversion therapy an have no plae the prove's publi health-are system." South Afria if you are under 21 years of age and have not been married before you will need the written onsent of both of your parents on form BI- If only one of your parents is alive or if you have a legal guardian that person may sign the form BI- If your parents will not give onsent for you to marry you an request onsent from a Judge of the High ourt onsent by a judge is given only if parental onsent was unreasonably refused or there is suffiient evidene that gettg is the best terest of the you are a male under the age of 18 or a female under the age of 15 you will need the onsent of the Mister of Home Affairs addition to your parents' onsent.
Aordgly disrimation ludg harassment based on real or pereived sexual orientation gender identity or HIV/AIDS status is prohibited throughout anada private and publi setor employment housg servies provided to the publi and publiity All aspets of employment are overed ludg benefits for spouses and long-term partners Examples of servies lude redit surane government programs hotels and shools open to the publi Shools open to the publi are liable for anti-gay name-allg and bullyg by students or staff. LGBT anadians have been allowed to serve the military se the Douglas ase was settled 1992. Se the 1985 entrenhment of Setion 15 of the harter anadian LGBT people have ahieved an astonishg range of judiially made rights gas most poliy areas ludg immigration housg employment health benefits adoption pensions fanes hate. On Aug anadian Blood Servies' new eligibility riteria for transgender people ame to effet This riteria states that transgender donors who have not had sex reassignment surgery will be asked questions based on their sex assigned at birth They will be eligible to donate or be deferred based on these riteria For example trans women will be asked if they have had had sex with a man the last 12 months If the response is yes they will be deferred for one year after their last sexual ontat with a man And donors who have had sex reassignment surgery will be deferred from donatg blood for one year after their surgery After that year these donors will be sreened their affirmed gender. Setion 15 was written so as to protet agast disrimation generally with the "enumerated" grounds of prohibited disrimation (rae sex et.) beg only examples stead of a omprehensive list a landmark rulg 1995 the ase of Egan v anada the Supreme ourt of anada reognized that sexual orientation was impliitly luded setion 15 as an "analogous ground" and is therefore a prohibited ground of disrimation. The rights of LGBT students and staff an eduational stitution vary onsiderably dependg on whether the stitution is religious and/or open to the publi se human rights ats only partially prohibit disrimation agast pupils of private shools and the harter only partly prohibits disrimation by hurhes assoiations and busesses while setion 2 of the harter protets freedom of religion and setion 93 of the onstitution reognizes the right to denomational shools some proves. History[Edit]
Ma artiles: LGBT history anada and Timele of LGBT history anada
Same-sex sexual ativity has been legal.