December 8, 2010: Bill C-389 - based on which the Canadian Human Rights Act will include “gender identity” and “gender expression” as prohibited grounds of discrimination - passes report stage. The bill’s adoption would ensure better protections for transgendered people in Canada (Egale Canada).
2005: Bill C-38 is passed, legalizing same-sex marriage throughout the country (Rapp, 2006, p. 6-7).
2003: United Church of Canada votes overwhelmingly to endorse same-sex marriage (Rapp, 2006, p. 7).
June 10, 2003 - "The Michaels" Get Hitched!
Photo of Michael Stark (left) and Michael Leshner (right) at their wedding ceremony in Toronto on June 10, 2003.
From Toronto Life. (n.d.) From the archives: The city's most memorable weddings. Retrieved fromhttp://www.torontolife.com/daily/style/weddings-style/2010/03/04/from-the-archives-the-city%E2%80%99s-most-memorable-weddings/attachment/historical10-2/
Dear Diary,
Today is a great day! The first same-sex marriage in Canada has officially taken place in the city of Toronto.
After Egan and Nesbitt were denied this very opportunity in 1995, I can hardly believe that after almost ten years this day has come (Kinsman, 1996, p. 5). Even as late as 2002 the Superior Courts in Ontario, Quebec and British Columbia ruled that same-sex marriage would be a violation of the Charter of Rights and Freedoms (Rapp, 2006, p. 6). So it is quite an about-face to see that the opposite ruling has been given and same-sex couples can now marry in Ontario.
The lucky two who have the honour of being the first same-sex couple married in Canada are Michael Stark and Michael Leshner. In fact, immediately after the Ontario Court of Appeal ruled that same-sex couples could marry, defining marriage as “the voluntary union for life of two persons to the exclusion of all others,” Stark and Leshner did just that (Rapp, 2006, p. 6). They are the very first, just as Ontario is the first province to rule in favour of same-sex unions, but I have a feeling that many more will follow suit – both provinces and couples.
I interpret this as a victory for LGBTQ Canadians. Of course, I imagine that there will be many who continue to feel that getting married is a relatively mainstream practice, which they may well balk at. Others will be eager to finally have the chance to do so. This to me simply points to the variety within LGBTQ communities; not everyone is interested in the mainstream. Some view marriage, in spite of this change, as an oppressive practice (Warner, 2002, p. 192). In the end, to have the option, in my estimation, is in keeping with Section 15 of the Charter of Rights and Freedoms as it ensures equal rights to all Canadians and that is something to be celebrated.
I raise my glass to Michael and Michael!
Cathy
May 25, 1995: Supreme Court denies Jim Egan and Jack Nesbitt recognition as couple (Kinsman, 1996, p. 5).
June 9, 1994: Ontario legislature defeats Bill 167, denying benefits and family-recognition to same-sex couples (Kinsman, 1996, p. 2).
October 1992 - Douglas Verdict Protects Lesbians and Gays in the Military
Photo of Michelle Douglas, who successfully challenged the ban on lesbians and gays in the Canadian military.
From Mackenzie, I. (November 28, 2002). Who’d want to tell? Anniversary – Policies can’t make it all easy for gay soldiers. Xtra! Retrieved from http://archives.xtra.ca/Story.aspx?s=14721261
Dear Diary,
Michelle Douglas challenged the Canadian Armed Forces for its ban on LGBTQ soldiers and won!
Now, a bit on the back story: Douglas joined the military in 1986 and quickly showed herself to be a star recruit (Kinsman & Gentile, 2010, p. 412). She was quickly promoted to a role working with the Special Investigations Unit (SIU), which meant that she had been given “top secret security clearance” (Ibid.). She was being closely monitored and eventually was investigated regarding her sexuality. After two months of interrogation, Douglas identified herself as a lesbian and was dismissed from her position with the SIU (Ibid.).
After her dismissal, “Douglas filed a wrongful dismissal suit against the armed forces,” suggesting that it was her identification as a lesbian that led to her dismissal (Kinsman & Gentile, 2010, p. 412). It is the verdict from this suit that we have heard today – the verdict which confirms that Douglas faced discrimination and was wrongfully dismissed by the military (Kinsman & Gentile, 2010, 413).
In light of Section 15 of the Canadian Charter of Rights and Freedoms it seems obvious that Douglas faced discrimination but this victory is the first of its kind in connection with the armed forces, and I imagine it will lead to a sea change not just in terms of military policy vis-a-vis LGBTQ soldiers, but also practice (Kinsman, 1996, 360).
As for Douglas, she is ecstatic about the trial’s outcome: “This is not only a great day for me, but it’s a win for all gays and lesbians in Canada and in the Canadian Armed Forces. It’s something I fought for a long time. It’s been a long road, a difficult road at times, but I’m thrilled today” (Kinsman & Gentile, 2010, p. 413).
Hurrah for Douglas!
Cathy
1989: Founding of Black Coalition for AIDS Prevention (Black CAP) in Toronto (Warner, 2002, p. 255).
1988: RCMP changes policy so as to no longer permit official discrimination against homosexuals (Kinsman, 1996, p. 360; Warner, 2002, p. 194).
Spring 1988 – Svend Robinson: Canada’s First Openly Gay MP
Portrait of former NDP MP Svend Robinson painted by Maurice Vellekoop. The portrait was displayed in an exhibition at the Toronto Reference Library entitled, “Coming Together: A History of Community, Pride and Resistance” from May to July 2006.
From Toronto Public Library (n.d.). Coming together: A history of community, pride and resistance. Retrieved from http://www.torontopubliclibrary.ca/programs-and-classes/exhibits/coming-together.jsp
Dear Diary,
In choosing to publicly identify himself as a gay man, Svend Robinson has ushered in a new era in Canadian politics. Robinson has been an MP in Burnaby, British Columbia since 1979 (Rapp, 2006, p. 4). And he has always been an advocate for social justice issues, including the mistreatment of LGBTQ Canadians. In other words, I doubt his commitments or agenda will change in light of this personal revelation but I am of the mind that this is a symbolic victory that will have a significant impact for LGBTQ Canadians across the country. While it is one thing to have sympathy and allies, it is quite another to have an openly gay member of parliament working for positive change. We need both, of course, but it is the latter that we’ve been missing and Robinson has changed that!
Robinson has not been shy to challenge injustice when he sees it. For example, when the Canadian Armed Forces in Shelburne, Nova Scotia dismissed five women for being “members of a ‘homosexual clique’ of ‘hard-core lesbians’,” Robinson called the decision discriminatory (Kinsman & Gentile, 2010, p. 356, 362). He was told that it was based on policy that forbade lesbians and gays from serving in the military. He proceeded to challenge the policy and the assumptions behind it, suggesting that the notion that five soldiers would be a threat to national security because of their sexual orientation was illogical, yet his critics understood the connection to be self-evident (Kinsman & Gentile, 2010, p. 362). Robinson continues to challenge discrimination and injustice – in fact, I believe that his decision to come out while serving as a member of parliament is itself a challenge, to the Canadian government and to the country as a whole.
I believe that Robinson is paving the way for other LGBTQ Canadians to enter the field of politics – not to mention other prominent roles in Canadian society. People seem to be more frightened of things they don’t understand. Someone in the public eye like Robinson has the potential to help Canadians become more aware of things they may otherwise ignore. This historic event may even force some Canadians to re-evaluate the prejudices they may have about LGBTQ Canadians.
Onward and upward, Canada!
Cathy
1986: Founding of EGALE Canada – Equality for Gays and Lesbians Everywhere (Rapp, 2006, p. 5).
April 17, 1985 – Section 15 Protects Canadians from Discrimination Based on Sexual Orientation
Graphic representation of the Canadian Charter of Rights and Freedoms.
Dear Diary,
Of course, the reality is far more complex. Legislating this protection for LGBTQ individuals and communities does not mean that discrimination will end altogether, that intolerance will no longer be an issue, or that homophobia does not exist. Just the same, I believe that the judgment is positive and historic because it has the power to hold Canadians responsible for discriminating against LGBTQ individuals and communities. The hearts and minds of all Canadians will not be won overnight but at the very least we are better protecting LGBTQs against violence and abuse.
The change to the Charter also has the potential to bring about other legal changes that will protect and support LGBTQs. With its emphasis on equal rights for all Canadians, the inclusion of sexual orientation in Section 15 means that arguments can be made for equal treatment and equal access for LGBTQ individuals in ways that would have been unheard of even a few years ago (Smith, 1999, p. 143). Perhaps this means that the struggles of LGBTQ communities have moved from the streets to the courtrooms (Warner, 2002, p. 192). If so, we must not forget those who continue to fight in the streets. The reality is that some are likely to benefit more than other from the change to the Charter; some will have greater access to lawyers and courtrooms than others, so we must not forget those who might get left behind.
I know we’ll hear more about the Charter in the coming years and I look forward to it.
Cathy
August-October 1984: Five lesbians are dismissed from the Canadian Armed Forces in Shelburne, Nova Scotia, for being members of a "homosexual clique" of "hardcore lesbians" (Kinsman & Gentile, 2010, p. 236).
January 1983: Founding of Canada’s first community-based AIDS organization, AIDS Vancouver (Warner, 2002, p. 163).
1982: The Toronto Star announces, "Gay plague has arrived in Canada," in reference to the AIDS virus in Canada (Kinsman, 1996, p. 349).
February 6, 1981 – “Operation Soap” Has a Unifying Effect
Photo taken at a protest against police brutality, and in support of LGBTQ rights, in February of 1981 following the violent bathhouse raids and arrests led by Toronto police on February 5, 1981.
From Kinsman, G. & Gentile, P. (2010). The Canadian war on queers: National security as sexual regulation. Vancouver: UBC Press, p. 333.
Dear Diary,
I have been full of turmoil for the past two days. It isn’t the first time that law enforcement has mistreated lesbians and gays in Canada, but the raids on the bathhouses in Toronto last night were more overt than ever before. How can the police be bolder now, even as we seem to be making gains?
Almost 300 hundred men were rounded up and arrested in what I’m told the police were calling “Operation Soap” (Kinsman & Gentile, 2010, p. 333). They barged into four bathhouses knowing full well that gay men in Toronto don’t have many places to go, and that they would be likely to find many there. They destroyed everything, kicking in walls and doors as they moved through, and they justified it all by claiming – inaccurately, might I add! - that acts of prostitution were taking place (Warner, 2002, p. 110).
Now I hear they are also slandering anyone who identifies as gay or lesbian by suggesting that the men they arrested in the bathhouses were connected to the entirely unrelated arrest of a gay man who was in possession of child pornography (Warner, 2002, p. 104). The unfortunate thing is that public are likely to believe it! This just goes to show that there are no safe spaces for gays and lesbians. And not much understanding, either. I see this as an assault on all lesbians and gays in Toronto, and even Canada!
I am angry. But I am also energized by the thousands of people who have come out to demand that this oppression come to an end. There is a real sense of community on Yonge Street tonight; a real sense that police brutality does not go unnoticed. Together like this I feel like we actually have a voice. I feel that we have some power. I have heard there are three thousand of us here in total (Kinsman, 1996, p. 1). The crowd makes me feel that this might just be the beginning of a shift in lesbian and gay social action in Canada. Perhaps we are more united now, having witnessed such a large-scale and very public injustice, and perhaps we will now be able to overcome our differences and move forward together in the pursuit of liberation.
I feel I have reason to be optimistic in spite of this injustice. I hope for good things to come...
Cathy
Sources:
Egale Canada Trans Information and Web Resource. (n.d.). Update on bill C-389. Retrieved from http://trans.egale.ca/2010/12/update-on-bill-c-389/
Kinsman, G. (1996). The regulation of desire: Homo and hetero sexualities (2nd ed.). Montreal: Black Rose Books.
Kinsman, G. & Gentile, P. (2010). The Canadian war on queers: National security as sexual regulation. Vancouver: UBC Press.
Mackenzie, I. (November 28, 2002). Who’d want to tell? Anniversary – Policies can’t make it all easy for gay soldiers. Xtra! [Photo of Michelle Douglas]. Retrieved from http://archives.xtra.ca/Story.aspx?s=14721261
Parliament of Canada. (January 2010). Our constitution [Graphic of the Canadian Charter of Rights and Freedoms]. Retrieved from http://www2.parl.gc.ca/sites/lop/aboutparliament/forsey/fed_state_14-e.asp
Rapp, L. (2006). Canada. glbtq. Retrieved from http://www.glbtq.com/social-sciences/canada.html
Smith, M. C. (1999). Lesbian and gay rights in Canada: Social movements and equality-seeking, 1971-1995. Toronto: University of Toronto Press.
Toronto Life. (n.d.). From the archives: The city’s most memorable weddings [Photo of Michael Stark and Michael Leshner]. Retrieved from http://www.torontolife.com/daily/style/weddings-style/2010/03/04/from-the-archives-the-city%E2%80%99s-most-memorable-weddings/attachment/historical10-2/
Toronto Public Library (n.d.). Coming together: A history of community, pride and resistance [Portrait of Svend Robinson]. Retrieved from http://www.torontopubliclibrary.ca/programs-and-classes/exhibits/coming-together.jsp
Warner, T. (2002). Never going back: A history of queer activism in Canada. Toronto: University of Toronto Press.
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