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	What we got: The details
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What we got: The details
Federal human rights protection

Stories recorded here deal only with efforts to affect federal and constitutional law. There were many, many more on long-running battles to include the term "sexual orientation" as a prohibited ground of discrimination in municipal anti-bias bylaws and -- especially --- in provincial and territorial human rights codes.

See Victories and defeats for the story to 1982, by when Quebec was the only province to have amended its human rights law (in Dec 1977). For the record, here's when other provinces and territories did so -- or, despite inaction by their governments, had sexual orientation "read into" their human rights laws by court decisions based on the Charter of Rights and Freedoms.

• Ontario: Dec 1986
• Yukon: Feb 1987
• Manitoba: Jul 1987
• Nova Scotia: Jun 1991
• New Brunswick: May 1992
• Saskatchewan: Jul 1992
• British Columbia: Jul 1992
• Alberta: Read in by provincial court Apr 1994; overturned on government appeal to higher Alberta court, Feb 1996; that 1996 ruling itself overturned by the Supreme Court of Canada, Apr 1998, forcing Alberta to prohibit anti-gay discrimination
• Newfoundland: Read in by provincial Supreme Court Aug 1995; ruling stands
• Prince Edward Island; Northwest Territories: No action -- but local human rights agencies, citing the Charter, have said they would hear complaints based on sexual orientation

1974

• TBP May 74: Federal human rights code excludes gays. Otto Lang, minister of justice, responds 14 Feb 74 to letter from GATE on "proposed establishment of a federal human rights committee"; says intention is to limit protections to "race, national or ethnic origin, colour, religion, sex and marital status."

1975

• TBP Oct 75: Phoney privacy law won't protect gays. Story notes first reading of federal human rights bill, 22 Jul 75 (unnamed; Bill C-72 in McLeod, who gives 21 Jul 75 as date Lang introduced it).

• TBP Dec 75: Lang rejects gay protections. In (undated) Sep 75 letter to GO, Lang says proposed human rights bill will exclude gays from its protection.

1976

• TBP Apr 76: Coalition will urge MPs to put gays in human rights act. NGRC preparing brief, The Homosexual Minority and the Canadian Human Rights Act. Act would cover employment only with federal government and its agencies, Crown corporations, and companies under federal charter (such as banks, airlines, and railways).

• TBP Nov 76: Human rights act to be reintroduced. Justice minister Ron Basford will table new bill in new session of Parliament set to begin mid-Oct. NGRC wrote him 30 Aug 76 to ask if sexual orientation will be included. Reports no response to date.

• TBP Dec 76: No protection for gays in Human Right Act. NGRC says 10 member groups and many individuals have written Basford, with no response. Federal Advisory Committee on the Status of Women, Canadian Association of University Teachers, and Canadian Federation of Civil Liberties and Human Rights Associations have all backed inclusion of sexual orientation in proposed Act. Story says Basford told a reporter in the first week of Nov "that sexual orientation was being left out because he wanted the [proposed federal human rights] Commission to start off in areas where there were already precedents" in provincial human rights law.

1977

• TBP Feb 77: Basford adamant on exclusion of sexual orientation. Form letters sent by Basford, in response to appeals by groups above, continue to use lack of precedent as excuse -- though bill includes unprecedented protection for persons "convicted of an offence for which a pardon has been granted." Powers of proposed human rights commission, and provisions for a person's access to information held on him or her by government, seen as weak.

• TBP Feb 77: Gay rights a "fad issue": NDP leader. Ed Broadbent, head of federal NDP, quoted in Maclean's magazine 29 Nov 76, saying his party "has got to stop supporting every fad issue or minority concern that comes along, whether it's the homosexual minority or whatever." (But story above says Broadbent told NGRC he had written Basford to support inclusion of sexual orientation in proposed Canadian Human Rights Act (CHRA).)

• TBP May 77: Support grows on sexual orientation issue. Appearing before House of Commons Standing Committee on Justice and Legal Affairs (date not given), the Canadian Bar Association and the Canadian Labour Congress back inclusion of sexual orientation in CHRA. Story lists five more groups in support, including the United Church of Canada. In Commons debate, members from all three main parties speak in support: Gordon Fairweather (PC); Pierre DeBané (Liberal); and John Gilbert (NDP).

• TBP Jun 77: Canadian Human Rights Act: No rights for Gays. Amendment put forward by Gordon Fairweather to add sexual orientation to CHRA is defeated in committee (no date given). Only Fairweather and Stuart Legatt (NDP, who had introduced a similar amendment) voted in favour.

• TBP Jul 77: Rights act adopted[,] gays still left out. CHRA passes House of Commons 2 Jun 77, expected to pass Senate and receive royal assent by end of June. Sexual orientation is (as expected) not included.

• TBP Dec 77: Fairweather, friend. In first major speech, 25 Oct 77, after appointment as Chief Commissioner of Canadian Human Rights Commission (newly established by the CHRA), Gordon Fairweather reiterates support for inclusion of sexual orientation in Act.

1978

• TBP Oct 78: Human rights charter "full of holes" according to Chief Commissioner Fairweather. Head of the CHRC criticizes proposed Charter of Human Rights and Freedoms (sic; "Human" later dropped), part of constitutional plan released "several months ago." Speaking to joint Senate / House of Commons committee studying the proposals, Fairweather urged addition to Charter of protections based on physical handicap, marital status, and sexual orientation.

  (First mention of the Charter, which was meant to enshrine fundamental rights in the constitution -- more broadly binding than protections in the CHRA. Part of effort to "repatriate" Canada's constitution, as embodied in the British North America Act, 1867, from the U.K. Parliament at Westminster. Later this effort was called, simply, "patriation": the constitution had never resided in Canada, so could not be "repatriated.")

1979

• TBP Nov 79: Canadians favour rights for gays, but RCMP, Army still stand in way. Reports release, mid-Sep 79, of Sexual Orientation: A Policy Planning Report, prepared for the CHRC. Among its recommendations: "apply pressure to RCMP, Armed Forces and government departments to engage in full, frank and open debate on the issue; advocate that all employers who come under jurisdiction of the Act [CHRA] adopt official statement on sexual orientation and hiring policy."

  Sidebar to story, Poll vaunting, reports CHRC survey released 26 Sep 79. Responding to hypothetical hiring of "self-acknowledged homosexual" by the RCMP, 68 percent would support such a hiring, 25 percent would not. "The Ottawa Journal quoted Michael Dare, head of security services in the RCMP, as saying there are no plans whatsoever to change the service's longtime policy of barring homosexuals."

1980

• TBP May 80: Federal rights body will fight for sexual orientation, says head. Gordon Fairweather, speaking in Edmonton in support of 19 Mar 80 brief by Alberta Lesbian and Gay Rights Association (rejected by Alberta Human Rights Commission) says the CHRC "has been relentless in trying to convince legislators the time is past when discrimination on the basis of sexual preference should be allowed."

• TBP Jun 80: Protect gays in federal code, Rights Commission report urges. In its third annual report, the CHRC calls again for inclusion of sexual orientation in CHRA.

• TBP Jun 80: MP private bills call for amended code. Patricia Carney (PC) and Svend Robinson (NDP) each say they will introduce a private member's bill to include sexual orientation in CHRA.

• TBP Aug 80: Liberals reaffirm gay rights protection. At national convention, Winnipeg, 5 Jul 80, Liberal Party of Canada (governing party, to Sep 1984) adopts resolution to include sexual orientation in CHRA. Similar 1978 resolution had used the term "sexual preference"; story notes party officials later "professed not to know of any such policy."

1981

• TBP Feb 81: CALGM calls for gay rights in constitution. Canadian Association of Lesbians and Gay Men, appearing 11 Dec 80 before Joint Senate / House of Commons Committee on the Constitution, calls for inclusion of sexual orientation in proposed Canadian Charter of Human Rights and Freedoms.

• TBP Mar 81: Gays closed out: Charter of Rights. Joint Committee on the Constitution agrees 28 Jan 81 to add "physical and mental disability" to proposed Charter, but, on 29 Jan, not "sexual orientation." Vote on latter is 21 to 2 against, with only NDP members of committee voting in favour.

• TBP Sep 81: Bear-hugged bill dies. MP Pat Carney's bill to include sexual orientation in CHRA fails to survive second reading in Commons, 19 Jun 81. Liberals ostensibly speaking in its favour "talked it out" beyond the one hour of debate allowed for private members' bills. An aide to Carney described Liberal tactics on the bill as "bear- hugging it to death."

• TBP Oct 81: Rights body reaffirms support. In its report for 1980, the CHRC reiterates -- again -- its support for inclusion of sexual orientation in CHRA.

1982

• 17 Apr 1982: Constitution Act, 1982 proclaimed, consolidating all related acts since the British North America Act, 1867 as the Constitution of Canada. Includes Canadian Charter of Rights and Freedoms -- due to take effect 17 Apr 1985, giving provincial and federal governments 3 years to bring their statutes into line with it.

1983

• TBP Jan 83: Minister ignores rights proposal. "Justice Minister Mark MacGuigan admitted November 30 before the House of Commons Justice Committee that the government intends to ignore a recommendation from the Canadian Human Rights Commission (CHRC) that the Human Rights Act be amended to protect gay people."

• TBP Mar 83: Another try: getting into the Act. Svend Robinson's bill to amend CHRA may go to committee in April. "This is the first time we've gotten this far," he says. Earlier, justice minister MacGuigan had "left observers puzzled by his claim that the CHRC already had considerable latitude to interpret the existing Act with regard to sexual orientation." CHRC says the minister must define such latitude.

• TBP Apr 83: Across Canada (briefs; individual stories not titled). Robinson's bill tabled in House 9 Mar 83. Not expected to pass second reading.

• TBP May 83: Rights activism urged. GO and other groups prepare for committee hearings due in early May on Robinson's bill, now expected to pass second reading.

• TBP Jun 83: Tory MP stifles public hearings on sexual orientation. Jake Epp (PC) votes against Robinson's bill, 11 May 83; bill dies. (Bill needed unanimous vote in Commons to pass second reading and go to committee). Epp says: "The general public, the vast majority of Canadians, does not support the legislation before us."

• TBP Dec 83: Legal restraints and better hopes. Special report on symposium, "Homosexuality and Justice", Laval University, early autumn. Notes that Charter of Rights, to come into effect 17 Apr 85, may offer protection because its list of prohibited grounds of discrimination is not exhaustive. (See next story.)

1985

• TBP May 85: Equality committee to raise gay issues. Parliamentary committee set up to look at questions raised by government discussion paper, Equality Issues in Federal Law, tabled in Parliament 31 Jan 85 by new PC justice minister John Crosbie. "The paper outlined areas of existing law which may conflict with equality provisions contained in Section 15 [of the Charter of Rights], which comes into effect April 17."

  The same story reports that a new private member's bill, introduced by Svend Robinson 4 Mar 85 to amend the CHRA, had survived second reading and would go to the committee stage (as Robinson's 1983 bill had not).

  Some notes on the Charter

  The Canadian Human Rights Act (CHRA) binds only the federal government, its agencies, and federally incorporated businesses. The Canadian Charter of Rights and Freedoms is an entrenched part of the Constitution of Canada, much more far-reaching in its effects. It guarantees fundamental rights to all Canadians and grants equal protection in law from discrimination, whatever its source. Section 15 (1) of the Charter, under Equality Rights, states:

  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.

  (Emphasis added: the term "in particular", included in the Charter's third draft, means that Section 15 could be used to challenge discrimination on grounds other than those listed.)

  Section 15 (2) allows for "positive" discrimination aimed at "amelioration of conditions of disadvantaged individuals or groups." This subsection would become central in Canadian jurisprudence, distinguishing "equity" -- equality of effect achieved through differential treatment -- from a more limited (but much more common) notion of "equality" as sameness of treatment, regardless of material or historical disadvantage.

  Other sections of the Charter potentially limit application of Section 15. Four of them deal with protection of pre- existing rights from abrogation by the Charter, including aboriginal treaty and land- claim rights (Section 25), and the rights of separate, state- supported Catholic (and in some cases Protestant) schools in existence at the time a province joined Confederation (Section 29). But the most important limitations are in the first and second- last of its 34 sections:

  1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (Emphasis added.)

  33. (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.

  Both sections clarify that rights are not absolute. They echo the earlier codicil in the Canadian Bill of Rights, 1960: no law of Canada could abrogate the rights it enumerated "unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights." Section 1 of the Charter improved on that -- saying such exemptions must be "reasonable" and "demonstrably justified" -- but governments could still invoke the "notwithstanding" clause to "opt out" of the Charter. And some would try.

  Full text of the Canadian Charter of Rights and Freedoms
  is available online.
  (http://insight.mcmaster.ca/org/efc/pages/law/charter/charter.head.html)

• TBP Jul 85: Going through the motions: Gays flock to the Equality Committee, but are the government MPs listening? House of Commons Sub- Committee on Equality Rights tours the country, taking deputations on both the Charter and Svend Robinson's bill to amend the CHRA. Hears from: Vancouver Gay and Lesbian Community Centre, Lesbian and Feminist Mothers Political Action Group, Gay Rights Union, and Gayblevision in Vancouver; GATE, Dignity, and Womonspace in Edmonton; and eight groups in Winnipeg supporting sexual orientation protection, including the Gay Media Collective, Lesbians for Equality, and the Winnipeg Presbytery of the United Church of Canada.

• TBP Aug 85: The gay question makes its mark: The Equality Rights Sub- Committee seems to be getting serious about gay rights. Committee "descends on Toronto" 17 & 18 Jun 85. Briefs presented by RTPC, CGRO, Rites magazine, and gay activist lawyer Peter Maloney. Story says "There is some reason for restrained optimism" and reports that Maloney has received support from the federal justice department's Human Rights Law Fund to prepare report on gay community position on Section 15 of Charter. Committee was in Halifax 6 Jun 85, heard deputation from Gay Alliance for Equality; scheduled later for other Maritime cities, and Ottawa. Its reporting deadline has been extended from 5 Sep to 15 Oct 85.

• TBP Sep 85: Cause for a (small) celebration. Analysis of Section 15 of the Charter of Rights notes that "inclusion of the words 'in particular' leaves the section open- ended, suggesting there can -- and surely will -- be complaints [against discrimination] based on other grounds, including sexual orientation." Charter already seen as far more powerful than Canadian Bill of Rights, 1960; court decisions based on Charter so far have limited powers of RCMP and provincial film censor boards, and overturned statutory rape law as discriminatory. Separate story reports appearance by GO before Equality Rights committee, Sep 85. Hearings also set for Whitehorse, Calgary, and again in Vancouver.

• TBP Nov 85: Poll favours gay protection. Reports Gallup Poll, conducted 12-14 Sep 85, asking 1,043 respondents if they agree with (various) human rights commission proposals "to make discrimination on the basis of sexual orientation illegal." Nationally, 70 percent said yes. Poll financed by Gay Community Appeal of Toronto and done to "have good effect on the Equality Rights Sub- Committee."

1986

• TBP Jan 86: Equality committee calls for gay rights. Equality Rights Sub- Committee issues its unanimous report, Equality for All, 25 Oct 85, saying that "the prohibited grounds of discrimination enumerated in Section 15 are simply illustrative and do not exhaust the forms of discrimination" covered by the Charter. Recommends: end to ban on homosexuals in Armed Forces and RCMP; inclusion of sexual orientation in CHRA; assurance that security clearance guidelines not discriminate on basis of sexual orientation; and a uniform age of consent. Government must respond by 21 Feb 86. Letter from Svend Robinson, appearing on same page, urges reader to "Write for your rights."

• TBP Jan 86: Opposition leader wants gay-positive reading of Charter. Federal Liberal leader John Turner says, 9 Nov 85, that sexual orientation should be included in CHRA. Gay Liberal Peter Maloney predicts Svend Robinson's private member's bill to do so will soon be passed by the House of Commons.

• TBP Apr 86: Victory for gay equality. Responding to Equality for All, justice minister John Crosbie tells House of Common, 4 Mar 86, that government will "take whatever measures are necessary to ensure that sexual orientation is a prohibited ground of discrimination in relation to all areas of federal jurisdiction." No legislative proposals are made; Svend Robinson says: "Don't hold your breath!"

• TBP Aug 86: Nova Scotia to ban gay cops. Provincial attorney general Ron Griffin says he will invoke Section 34 of the Charter (actually Section 33, the "notwithstanding" clause; see under May 85, above) to "opt out" of federal anti-bias provisions allowing gays to enlist in RCMP (which also served, except in Ontario and Quebec, as provincial police force). Media uproar ensues; Nova Scotia government distances itself from Griffin's remarks.

• TBP Apr 86: Cheap Charter challenges: Fast-tracking and funding now available to define equality rights. Ontario Divisional Court ruling, 29 May 86, allows simplified "application" process, reducing likely duration of Charter-based anti- discrimination cases from up to 4 years to 3 or 4 months. Canadian Council on Social Development, a non- government agency, had launched federally funded Court Challenge Program Sep 85, with panel to select equality rights cases for funding set up 2 Jul 86.

• TBP Dec 86: Keeping their promise: EGALE keeps feds on course; destination is equal rights for gays. Report on founding (undated) of Equality for Gays and Lesbians Everywhere (EGALE) in Ottawa. Group lobbies for fulfillment of promises made by John Crosbie 4 Mar 86 (see Apr 86, above) but "believes that pressure from rightwing groups may force the government to reverse its stand."

1987

• Xtra 18 Apr 87: Names can hurt you: New homophobic hate campaign targets federal MPs. CGRO and RTPC urge letters (with samples provided) to MPs and justice minister Ray Hnatyshyn, to support inclusion of sexual orientation in CHRA. RTPC's George Smith says MPs are getting "two dozen or more letters, on average, each day opposing this legislation" (expected to be introduced soon) in campaign organized by the Coalition for Family Values.

• Xtra 13 Jul 87: Justice delayed: You can help unblock federal gay right bill. EGALE says amendments promised more than a year ago (on 4 Mar 86) are stalled in cabinet; urges more letters, directly to cabinet ministers.

• Xtra 16 Oct 87: Got a Charter in our pocket: It's time to press the feds to deliver on gay rights. EGALE says government, "preoccupied with the Meech Lake accord and free trade," is unlikely to move on sexual orientation protection unless pushed. Actions planned in Kingston, London, Saskatoon, Ottawa, Edmonton, and Toronto. (Meech Lake constitutional accord, requiring agreement of all provinces to new amending formula, failed in 1990. Free trade agreement with US -- major issue in 1988 election, which PCs won -- signed in 1988.)

1989

• Xtra 3 Mar 89: Personal and political: A year after coming out, MP Svend Robinson ponders his agenda. Robinson, who had come out publicly (though long known to be gay) 29 Feb 88, says: "For the 12th time in ten years, I guess, I will be reintroducing a private member's bill that would amend the Canadian Human Rights Act to prohibit discrimination based on sexual orientation in all areas of federal jurisdiction." (He did so 12 Apr 89.)

• Xtra 14 Apr 89: 'See you in court!' Tories won't budge on human rights act. EGALE fundraiser, 2 Mar 89, Ottawa (called "Whatever Measures Are Necessary -- Respect Your Commitment" with entertainment by CBC's CODCO), attended by reps from all three federal parties. PC MP Ken Montieth, speaking for justice minister Doug Lewis, reported to "say that the government believes the open-ended language of Section 15 of the Charter of Rights includes protection for the gay and lesbian minority and it would someday be proven." He was booed by the audience of 500.

• Xtra 24 Nov 89: It's unconstitutional! Federal court rules bias against gays violates Charter of Rights. In Federal Court of Canada ruling, 6 Nov 89, on case of Les Beu and Tim Veysey (see Other rights in law), judge notes that "sexual orientation is not a prohibited ground listed under section 15 [of the Charter of Rights] but, in my view, it is an analogous ground recognized by ... provincial and territorial human rights acts, as well as the House of Commons Parliamentary Committee on Equality Rights." Ruling effectively "reads in" sexual orientation to Section 15.

1991

• Xtra 11 Oct 91: Act ruled unconstitutional. In case of Graham Haig and Joshua Burch (see Canadian Armed Forces), Ontario Court, General Division (formerly Supreme Court of Ontario) rules 23 Sep 91 that Canadian Human Rights Act, because it does not include sexual orientation, violates the Charter of Rights and is therefore unconstitutional. Court gives federal government six months to amend CHRA, or it will be struck down in its entirety. Government appeals. Story notes postcard campaign urging amendment of CHRA, spearheaded by Svend Robinson and concluding 26 Jun 91; justice minister Kim Campbell had said at the time, "I intend to bring forth the amendment in the fall and have it in place by the end of this calendar year."

1992

• Xtra 21 Aug 92: Gay rights get into the act: Court adds sexual orientation to federal rights act, stymies Tory homophobes. Ontario Court of Appeal, upholding 23 Sep 91 decision in case of Haig and Burch, rules 7 Aug 92 that CHRA should not be struck down but must have sexual orientation read into it. Justice minister Kim Campbell says 12 Aug that no decision has been made to appeal; deadline is 30 Oct 92. Story notes media reports suggesting Campbell's promised amendment of CHRA in 1991 had been frustrated by "vocal homophobes" in PC caucus. She says she still plans to introduce the amendment.

  (31 Oct 92 G&M story, "Ottawa accepts court ruling on gay rights", says government decided 30 Oct 92 not to appeal 7 Aug decision, and accepts reading of sexual orientation into CHRA. "As a result of yesterday's decision, homosexuals will now have an undisputed right to use the Human Rights Act to protect themselves from discrimination.")

• Xtra 25 Dec 92: Ploys R us: Tory human rights amendments reach a new low in political compromise. Justice minister Kim Campbell introduces Bill C-108, 10 Dec 92, to amend CHRA to include sexual orientation -- and to define "marital status" solely as a relationship between persons of the opposite sex. Same definition had been found unconstitutional, as a violation of the Charter, by Ontario human rights tribunal (in the Leshner spousal benefits case, not tracked here); Campbell says she believes that decision was "wrong."

1993

• Xtra 11 Jun 93: Senate bill goes to Commons: Legislation could amend human rights act. Bill S-15, private bill introduced by PC Senator Noel Kinsella (former member of New Brunswick Human Rights Commission) to add sexual orientation to CHRA, passes Senate 3 Jun 93. Must pass House of Commons to become law.

• Xtra 24 Dec 93: Year-end compendium reports, for Oct 93, "The Liberals are swept to power in the federal election. Senator Noel Kinsella's Human Rights Act amendment is lost [i.e., dies on order paper as pre-election parliamentary session ends], as is Kim Campbell's [Dec 92] bill to amend the Act to include sexual orientation."

1994

• Xtra 23 Dec 94: Prime minister's fears delay changes: Jean Chrétien worries that Canadians aren't ready, sources say. Introduction of bill to amend CHRA to include sexual orientation, promised by justice minister Allan Rock by Christmas, is delayed. Story says: "The prime minister is reluctant to spend political capital on what he sees as a contentious issue. ... Petitions opposing the amendment have been tabled in the House of Commons virtually every day since April." Vocal opponents include Liberal MPs Roseanne Skoke (Nova Scotia) and Tom Wappel (Ontario). Sidebar story, Reform divided, says that "As dissident backbench Liberals embarrass [their own government], four Reform MPs may break ranks with their party's anti-gay policy and support human rights protection." Rock promises another try in the new year -- but doesn't say when.

1995

• Xtra 31 Mar 95: Justice minister puts onus on community: Allan Rock apologizes again for breaking his promise. In interview the previous week, Rock said: "I think it's important to keep a prod on the government to move forward with these matters. ... It's the right thing to do and it should've been done a long time ago." Liberal caucus still resists. Comments came on release of CHRC annual report, calling (as it had every year since 1978) for inclusion of sexual orientation in CHRA. Report says CHRC commissioner Max Yalden had also urged government to revise Income Tax Act to allow same-sex spousal coverage in group insurance plans.

• Xtra 9 Jun 95: Checkered victory: No pension for spouse of 47 years, court rules; and (continuation) Supreme Court leaves door ajar. In decision on the Egan case (see Other rights in law), Supreme Court rules 25 May 95 that Old Age Security Act limitation of benefits to spouse of the opposite sex is allowed by the Charter of Rights -- qualifying as a "reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

  But court also affirms that denial of benefits is discriminatory in principle: by a unanimous decision, justices rule sexual orientation is an "analogous ground" covered by Section 15 of the Canadian Charter of Rights and Freedoms. Activists see fundamental victory in "loss" of Egan case.

  (Jim Egan had been a one-man homophile movement in Toronto from the late 1940s until his move to British Columbia in 1964. See online article on David Adkin's film Jim Loves Jack, which covers both his early activist career and the Supreme Court case. Egan and his lover Jack Nesbit were grand marshals in Toronto's 1995 Lesbian and Gay Pride Day parade.)

1996

• Xtra 15 Feb 96: Rights amendment. Bill Graham, Liberal MP for Rosedale (heavily gay downtown Toronto riding), says 9 Feb 96 that he and other members of caucus "have been strongly lobbying the Prime Minister' Office and the minister of justice" to amend the CHRA. On same page: 411 days: Xtra begins running regular item with "number of days gone by since federal Justice Minister Allan Rock broke his promise to the gay and lesbian community" -- based on Rock's own deadline of 31 Dec 94 for introduction of sexual orientation amendment to CHRA.

• Xtra 29 Feb 96: PM shuts us out. New session of Parliament opens 27 Feb 96 with Speech from the Throne (government's policy agenda for the session) that doesn't mention amendment of CHRA.

• Xtra 29 Feb 96: Pressuring the Liberals: Tory senator introduces human rights bill. PC Senator Noel Kinsella, 28 Feb 96, again introduces private bill to amend CHRA (see 11 Jun 93 above). Story notes: "In recent weeks, some of Canada's top newspapers, including the Globe and Mail, have criticized the delay on human rights." In response to question from MP Réal Ménard, prime minister Chrétien says inclusion of sexual orientation in CHRA "is part of our promise and we hope to find the time to adopt it some day."

• Xtra 28 Mar 96: Lies & more lies: Ten years of broken promises from the feds. Story notes 10th anniversary of PC justice minister John Crosbie's promise, 4 Mar 86, to "take whatever measures are necessary to ensure that sexual orientation is a prohibited ground of discrimination in relation to all areas of federal jurisdiction." Tracks Tory failures to Oct 1993, Liberals ones since. Prime minister criticized 19 Mar 96 by CHRC commissioner Max Yalden for his delay; the next day Chrétien says his government will introduce CHRA amendment before the end of its mandate in 1998.

• Xtra 25 Apr 96: Rights bill. NDP MP Svend Robinson, 16 Apr 96, introduces yet another private member's bill to amend CHRA.

• Xtra 9 May 96: Keeping the promise -- sort of: Justice minister's good intentions hurt by PM's machinations. Allan Rock (his broken- promise count up to 485 days) introduces Bill-33, to include sexual orientation in CHRA, on 29 Apr 96. "It's already read into the federal statute," he says (see 21 Aug 92 above), "but because we don't feel the courts should be making policy for the country, we've decided to expressly provide it in our act." Preamble to Bill C-33 says government affirms "family as the foundation of Canadian society" -- but does not define "family". Story says opposition to bill is well- organized, led by Canadian wing of U.S. group, Focus on the Family.

• Xtra 23 May 96 (p 11): Weird science: Odd ducks obsess about 'unhealthy lifestyles' in human right debate. Reform MP Grant Hill, in (undated) committee hearings on Bill C-33, says it will promote "HIV, gay bowel syndrome, increasing parasitic infections [and] lowered life expectancy." Hill, an MD, roundly criticized by other doctors and by the Canadian Medical Association.

• Xtra 23 May 96 (p 20): Equality for all: Gay men & lesbians are no longer 'second class citizens'. House of Commons votes, 9 May 96, on Bill C-33. Prime minister allowed free vote (not imposing party discipline); 28 Liberals vote against bill but it passes 153 to 76 -- at last adding sexual orientation to CHRA by legislation, not simply by court ruling. Last- minute amendment to define "family" in bill voted down.

• Xtra 20 Jun 96: On side: Senators pass human rights amendment. Senate approves Bill C-33 on 5 Jun 96, in vote of 54 to 5. Bill expected to receive Royal Assent and become law by the end of the month. (No date found for Assent, but it was given.)

End of the story of sexual orientation protection in federal / constitutional law -- two months shy of 25 years since "We Demand." See Other rights in law for later developments in related areas.

What we demanded; What we got (Summary on Federal human rights protection)