GLBTQ Legislation: Canada
Throughout the world, sexual relationships between persons of the same gender have often been the cause for discrimination by state law and society.
In Canada, before 1969, same-sex practices between consenting adults were considered crimes punishable by imprisonment. That year, the Canadian government passed a bill decriminalizing private sexual acts between two people over the age of 21 – a breakthrough in treating gay men, lesbians and bisexuals equally under the law.
Almost ten years later, in 1977, Québec became the first jurisdiction in Canada to amend the province's Charter of Human Rights to include sexual orientation as a prohibited ground for discrimination.
Legal Protection
The Canadian Human Rights Act bans (or proscribes) discrimination, including the unequal treatment of gay men, lesbians and bisexuals. In 1996, it was amended to explicitly include sexual orientation as one of the prohibited grounds of discrimination. This inclusion of sexual orientation in the Act was an express declaration by Parliament that gay and lesbian Canadians are entitled to "an opportunity equal with other individuals to make for themselves the lives they are able and wish to have..." (Section 2). The Canadian Human Rights Commission, which is responsible for monitoring the implementation of the Act, provides further information about human rights and sexual orientation.
Section 15 of the Canadian Charter of Rights and Freedoms states that every individual is to be considered equal regardless of religion, race, national or ethnic origin, colour, sex, age or physical or mental disability. The Supreme Court of Canada held that although "sexual orientation" is not listed as a ground for discrimination in section 15(1), it constitutes a similar ground on which claims of discrimination may be based.
Ontario Human Rights Commission: OHRC
The Ontario Human Rights Code is a provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements.
The Code’s goal is to prevent discrimination and harassment because of race, sex, disability, and age, to name a few of the fifteen grounds. All other Ontario laws must agree with the Code.
When the Ontario Human Rights Code was introduced in 1962 the Ontario Human Rights Commission was responsible for enforcing the Code. Since then, the Code has expanded and changed.
Ontario's Human Rights system now includes 3 separate organizations. Each organization has a different job.
The three organizations are: the Ontario Human Rights Commission, the Human Rights Legal Support Centre and the Human Rights Tribunal of Ontario.
In Canada, before 1969, same-sex practices between consenting adults were considered crimes punishable by imprisonment. That year, the Canadian government passed a bill decriminalizing private sexual acts between two people over the age of 21 – a breakthrough in treating gay men, lesbians and bisexuals equally under the law.
Almost ten years later, in 1977, Québec became the first jurisdiction in Canada to amend the province's Charter of Human Rights to include sexual orientation as a prohibited ground for discrimination.
Legal Protection
The Canadian Human Rights Act bans (or proscribes) discrimination, including the unequal treatment of gay men, lesbians and bisexuals. In 1996, it was amended to explicitly include sexual orientation as one of the prohibited grounds of discrimination. This inclusion of sexual orientation in the Act was an express declaration by Parliament that gay and lesbian Canadians are entitled to "an opportunity equal with other individuals to make for themselves the lives they are able and wish to have..." (Section 2). The Canadian Human Rights Commission, which is responsible for monitoring the implementation of the Act, provides further information about human rights and sexual orientation.
Section 15 of the Canadian Charter of Rights and Freedoms states that every individual is to be considered equal regardless of religion, race, national or ethnic origin, colour, sex, age or physical or mental disability. The Supreme Court of Canada held that although "sexual orientation" is not listed as a ground for discrimination in section 15(1), it constitutes a similar ground on which claims of discrimination may be based.
Ontario Human Rights Commission: OHRC
The Ontario Human Rights Code is a provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements.
The Code’s goal is to prevent discrimination and harassment because of race, sex, disability, and age, to name a few of the fifteen grounds. All other Ontario laws must agree with the Code.
When the Ontario Human Rights Code was introduced in 1962 the Ontario Human Rights Commission was responsible for enforcing the Code. Since then, the Code has expanded and changed.
Ontario's Human Rights system now includes 3 separate organizations. Each organization has a different job.
The three organizations are: the Ontario Human Rights Commission, the Human Rights Legal Support Centre and the Human Rights Tribunal of Ontario.
Council Mandates and Legislation
• City of Ottawa Equity and Diversity Policy
• Ontario Human Rights Code (Provincial) – Prohibited grounds of discrimination includes sexual orientation and sex (gender identity is covered under “sex”)
• Employment Equity Act (Federal) – City of Ottawa provides annual status report on GLBT City employees.
• City of Ottawa Equity and Diversity Policy
• Ontario Human Rights Code (Provincial) – Prohibited grounds of discrimination includes sexual orientation and sex (gender identity is covered under “sex”)
• Employment Equity Act (Federal) – City of Ottawa provides annual status report on GLBT City employees.
GLBTQ Statistics: Canada
How many “LGBT” persons are there in Canada?
Statistics Canada has neither the definitive number of people whose sexual orientation is lesbian, gay, bisexual, nor the number of people who are transgender, but the agency does attempt to quantify some estimates in various surveys and in the census.
Same-sex couples across Canada:
The 2006 Census counted same-sex couples, both married and common-law.
Half of all same-sex couples in Canada lived in the three largest census metropolitan areas:
21.2% — The proportion of all same-sex couples who resided in Toronto in 2006.
18.4% — The proportion of all same-sex couples who resided in Montréal in 2006.
10.3% — The proportion of all same-sex couples who resided in Vancouver in 2006.
Same-sex spouses:
45,300 — The number of same-sex couples in 2006. Of these, about 7,500 (16.5%) were married couples and 37,900 (83.5%) were common-law couples.
53.7% — The proportion of same-sex married spouses who were men.
46.3% — The proportion of same-sex married spouses who were women.
Sexual orientation (updated):
The Canadian Community Health Survey was the first Statistics Canada survey to include a question on sexual orientation.
1.1% — The percentage of Canadians aged 18 to 59 who reported in 2009 that they consider themselves to be homosexual (gay or lesbian).
0.9% — The percentage of Canadians aged 18 to 59 who reported in 2009 that they consider themselves to be bisexual.
Hate crimes motivated by sexual orientation (updated):
The Uniform Crime Reporting Survey collects information on hate-motivated crimes that have been reported to police and substantiated through investigation.
13% — The proportion of all hate crimes that were motivated by sexual orientation in 2009.
188 — The number of hate crimes in 2009 that were motivated by sexual orientation, up 18% from 2008.
74% — The proportion of hate crimes motivated by sexual orientation in 2009 that were violent in nature. Minor assaults were the most frequent type of violent hate crime.
This percentage was higher than the proportion of violent incidents motivated by race/ethnicity (39%) or religion (21%).
Younger Canadians are far more likely to say they are lesbian, gay, bisexual or transgender than older Canadians, with 10% of those aged 18 to 34 answering the question with a “yes,”compared to 2% or 3% in the four older age categories.
Coming Out…
Ottawa GLBT residents who are not out to their:
• Children’s teachers (73 per cent)
• Own teachers (69 per cent)
• Members of their place of worship (55 per cent)
• Co-workers (53 per cent)
• Friendly acquaintances (49 per cent)
• Boss/supervisor (47 per cent)
• Other relatives (44 per cent)
• Spiritual leader (43 per cent)
• To their doctors (20% total but 56% are youth)
Students with same-sex attractions
How well are students with same sex attractions doing in our schools?
-Most are doing well.
-Many are not…
Every Class in Every School:
Final Report On The First National Climate Survey On Homophobia, Biphobia, And Transphobia In Canadian Schools Egale Canada,2011
Physical Harassment in Canadian Schools
- More than one in five (21%) LGBT studentsreported being physically harassed or assaulted due to their sexual orientation. Egale, 2011
Verbal Harassment in Canadian Schools
-68% of transgendered students,
-55% of female sexual minority students, and
-42% of male sexual minority students reported being verbally harassed about their perceived gender or sexual orientation. Egale 2011
Homophobic Comments
-Almost half (48%) reported hearing remarks such as “faggot,” “lezbo,” and “dyke” every day in school. Egale 2011
Teacher comments
-Almost 10% of LGBT students reported having heard homophobic comments from teachers daily or weekly. Egale 2011
School as Unsafe Safe
- Almost two-thirds (64%) of LGBT students and 61% of students with LGBTQ parents reported that they feel unsafe at school. Egale 2011
What happens when these students come out in high school?
• 1/4 will be assaulted by peers.
• 1/4 will end up homeless.
• 40% will lose at least one “close friend”.
How do parents respond?
• 48% loving / denial
• 35% resentful / denial
• 11% loving / open
• 5% hostile / estrangement
• 60% are accepted in a loving way
• 40% are not
Orientation and suicide….
- Homosexual teens account for at least 30% of adolescent suicides.
- 20% - 50% of young male homosexuals attempt suicide.
Statistics Canada has neither the definitive number of people whose sexual orientation is lesbian, gay, bisexual, nor the number of people who are transgender, but the agency does attempt to quantify some estimates in various surveys and in the census.
Same-sex couples across Canada:
The 2006 Census counted same-sex couples, both married and common-law.
Half of all same-sex couples in Canada lived in the three largest census metropolitan areas:
21.2% — The proportion of all same-sex couples who resided in Toronto in 2006.
18.4% — The proportion of all same-sex couples who resided in Montréal in 2006.
10.3% — The proportion of all same-sex couples who resided in Vancouver in 2006.
Same-sex spouses:
45,300 — The number of same-sex couples in 2006. Of these, about 7,500 (16.5%) were married couples and 37,900 (83.5%) were common-law couples.
53.7% — The proportion of same-sex married spouses who were men.
46.3% — The proportion of same-sex married spouses who were women.
Sexual orientation (updated):
The Canadian Community Health Survey was the first Statistics Canada survey to include a question on sexual orientation.
1.1% — The percentage of Canadians aged 18 to 59 who reported in 2009 that they consider themselves to be homosexual (gay or lesbian).
0.9% — The percentage of Canadians aged 18 to 59 who reported in 2009 that they consider themselves to be bisexual.
Hate crimes motivated by sexual orientation (updated):
The Uniform Crime Reporting Survey collects information on hate-motivated crimes that have been reported to police and substantiated through investigation.
13% — The proportion of all hate crimes that were motivated by sexual orientation in 2009.
188 — The number of hate crimes in 2009 that were motivated by sexual orientation, up 18% from 2008.
74% — The proportion of hate crimes motivated by sexual orientation in 2009 that were violent in nature. Minor assaults were the most frequent type of violent hate crime.
This percentage was higher than the proportion of violent incidents motivated by race/ethnicity (39%) or religion (21%).
Younger Canadians are far more likely to say they are lesbian, gay, bisexual or transgender than older Canadians, with 10% of those aged 18 to 34 answering the question with a “yes,”compared to 2% or 3% in the four older age categories.
Coming Out…
Ottawa GLBT residents who are not out to their:
• Children’s teachers (73 per cent)
• Own teachers (69 per cent)
• Members of their place of worship (55 per cent)
• Co-workers (53 per cent)
• Friendly acquaintances (49 per cent)
• Boss/supervisor (47 per cent)
• Other relatives (44 per cent)
• Spiritual leader (43 per cent)
• To their doctors (20% total but 56% are youth)
Students with same-sex attractions
How well are students with same sex attractions doing in our schools?
-Most are doing well.
-Many are not…
Every Class in Every School:
Final Report On The First National Climate Survey On Homophobia, Biphobia, And Transphobia In Canadian Schools Egale Canada,2011
Physical Harassment in Canadian Schools
- More than one in five (21%) LGBT studentsreported being physically harassed or assaulted due to their sexual orientation. Egale, 2011
Verbal Harassment in Canadian Schools
-68% of transgendered students,
-55% of female sexual minority students, and
-42% of male sexual minority students reported being verbally harassed about their perceived gender or sexual orientation. Egale 2011
Homophobic Comments
-Almost half (48%) reported hearing remarks such as “faggot,” “lezbo,” and “dyke” every day in school. Egale 2011
Teacher comments
-Almost 10% of LGBT students reported having heard homophobic comments from teachers daily or weekly. Egale 2011
School as Unsafe Safe
- Almost two-thirds (64%) of LGBT students and 61% of students with LGBTQ parents reported that they feel unsafe at school. Egale 2011
What happens when these students come out in high school?
• 1/4 will be assaulted by peers.
• 1/4 will end up homeless.
• 40% will lose at least one “close friend”.
How do parents respond?
• 48% loving / denial
• 35% resentful / denial
• 11% loving / open
• 5% hostile / estrangement
• 60% are accepted in a loving way
• 40% are not
Orientation and suicide….
- Homosexual teens account for at least 30% of adolescent suicides.
- 20% - 50% of young male homosexuals attempt suicide.
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