Diversity, Identity & The Future · Term 4

LGBTQ2S+ Rights in Canada

The struggle for equality, from decriminalization to marriage equality.

About This Topic

The struggle for LGBTQ2S+ rights in Canada has been a journey from criminalization and systemic discrimination to legal equality and constitutional protection. This topic explores key milestones, starting with the 1969 decriminalization of homosexuality ('the state has no place in the bedrooms of the nation') and the impact of the 1982 Charter of Rights and Freedoms. Students examine how the Charter's equality rights were used in landmark court cases to secure protection from discrimination and the right to same-sex marriage in 2005.

The curriculum also covers the ongoing challenges faced by the LGBTQ2S+ community, including the fight for trans rights and the impact of the 'purge' of LGBTQ+ individuals from the civil service and military. This topic benefits from analyzing personal stories and collaborative investigations into the history of Pride. Students grasp the significance of these changes faster through peer-led discussions and by reflecting on the importance of human rights and inclusion for all Canadians.

Learning Objectives

• Analyze the impact of key legislative changes, such as the decriminalization of homosexuality and the legalization of same-sex marriage, on LGBTQ2S+ rights in Canada.
• Explain how specific clauses within the Charter of Rights and Freedoms were instrumental in advancing LGBTQ2S+ equality through legal challenges.
• Evaluate the effectiveness of past advocacy efforts in achieving LGBTQ2S+ rights and identify ongoing challenges requiring further action.
• Synthesize information from historical accounts and legal documents to construct a timeline of significant events in the Canadian LGBTQ2S+ rights movement.

Before You Start

Canadian Charter of Rights and Freedoms

Why: Students need a foundational understanding of the Charter's purpose and key rights, particularly equality rights, to analyze its role in LGBTQ2S+ advocacy.

Social Justice Movements in Canada

Why: Familiarity with the general principles and historical methods of social justice movements provides context for understanding the strategies and evolution of the LGBTQ2S+ rights movement.

Key Vocabulary

Decriminalization	The act of ending the criminal penalties for certain activities, such as the private consensual sexual acts between adults that were previously illegal.
Charter of Rights and Freedoms	A part of the Constitution Act, 1982, that guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada, including equality rights.
Same-sex marriage	The legal union of two people of the same sex, recognized by law with the same rights and responsibilities as opposite-sex marriage.
Discrimination	The unjust or prejudicial treatment of different categories of people, especially on grounds of race, age, sex, or sexual orientation.
Trans rights	The rights and protections sought by transgender and gender non-conforming individuals, focusing on issues of legal recognition, healthcare access, and freedom from discrimination.

Active Learning Ideas

Inquiry Circle: The Road to Equality

In small groups, students create a timeline of LGBTQ2S+ rights in Canada, identifying key legal victories and social movements. They discuss how each milestone changed the lives of individuals and the broader Canadian society.

⏱ 45 min·Small Groups

Generate mission

Think-Pair-Share: The Charter and Equality

Students read about the 'Egan' or 'Vriend' Supreme Court cases, which used the Charter to protect against discrimination based on sexual orientation. They discuss with a partner how the Charter has been a powerful tool for achieving equality.

⏱ 25 min·Pairs

Generate mission

Gallery Walk: The History of Pride

Set up stations with photos and stories from the early Pride protests (like the 1981 Bathhouse Raids) to modern celebrations. Students move through the gallery, noting how Pride has evolved from a protest for basic rights to a celebration of diversity and inclusion.

⏱ 40 min·Pairs

Generate mission

Real-World Connections

The work of organizations like Egale Canada and the Canadian Human Rights Commission directly addresses systemic discrimination and advocates for policy changes to protect LGBTQ2S+ individuals.

Legal professionals specializing in human rights law, such as those at McCarthy Tétrault who have historically taken on pro bono cases, play a crucial role in challenging discriminatory laws and policies in Canadian courts.

The annual Pride parades held in cities like Toronto, Vancouver, and Montreal serve as public demonstrations of community, visibility, and ongoing advocacy for LGBTQ2S+ rights and acceptance.

Watch Out for These Misconceptions

Common Misconception

LGBTQ2S+ rights were always protected by the Charter.

What to Teach Instead

The Charter didn't originally mention sexual orientation; it was the courts that later ruled it was an 'analogous ground' for protection. Peer research into 'Charter interpretation' helps students see the active role of the courts in expanding human rights.

Common Misconception

The fight for equality ended with same-sex marriage.

What to Teach Instead

Many challenges remain, especially for trans and non-binary people, and the community still faces higher rates of violence and discrimination. Using a 'Current Challenges' analysis helps students see that equality is an ongoing process.

Assessment Ideas

Discussion Prompt

Facilitate a class discussion using the prompt: 'Considering the historical struggle for LGBTQ2S+ rights, which legal or social milestone do you believe was the most pivotal, and why? What lessons can be learned from this event for addressing current challenges?'

Exit Ticket

Ask students to write on an index card: 'One way the Charter of Rights and Freedoms advanced LGBTQ2S+ rights is...' and 'One remaining challenge for the LGBTQ2S+ community in Canada is...'

Quick Check

Present students with three brief scenarios describing potential acts of discrimination. Ask them to identify which Charter right, if any, is most relevant to each scenario and briefly explain their reasoning.

Frequently Asked Questions

What was the significance of the 1969 decriminalization?

It was a major turning point that removed the threat of criminal charges for private, consensual acts between adults. It signaled a shift in the government's role and laid the groundwork for the modern LGBTQ2S+ rights movement.

When did same-sex marriage become legal in Canada?

Canada became the fourth country in the world to legalize same-sex marriage nationwide in 2005 with the Civil Marriage Act, following several provincial court rulings that had already recognized it.

What was the 'LGBT Purge'?

It was a decades-long campaign by the Canadian government to identify and fire LGBTQ+ people from the military and civil service, based on the false belief that they were a security risk. The government issued an official apology and a settlement for survivors in 2017.

How can active learning help students understand LGBTQ2S+ rights?

Active learning strategies, such as investigating the road to equality and analyzing Charter cases, help students understand the legal and personal dimensions of the struggle for rights. By engaging with the history of discrimination and the victories for inclusion, students move beyond seeing these rights as just 'laws' to seeing them as a reflection of Canadian values of fairness and dignity. This hands-on approach fosters a deeper sense of empathy and a commitment to human rights for everyone.