Okanagan Pride 2013

History of LGBTQ Pride

LGBTQ – Lesbian, Gay, Bisexual, Transgender, Queer

The history of the modern “gay pride” movement dates back to the Stonewall riots of 1969.  In that incident, members of the gay community in New York City fought against unconstitutional raids by members of the NYPD.  While that riot was violent, it was the first time the community publically stood up for itself.  Since “pride” is the antonym of “shame,” communities around the world celebrate Pride, to empower LGBTQ persons to be proud of the sexual orientation and gender identity.

While many Canadian communities celebrate Pride, these freedoms are not realized around the world.  In fact, homosexuality is punishable by death in several countries.  By celebrating Pride, we not only reinforce the rights of the LGBTQ community here in Canada, but around the world.

LGBTQ Rights in Canada

In Canada, LGBTQ persons have almost all the same rights as heterosexual persons.  In fact, Canada has been considered a global leader in LGBTQ rights.

While Canadian law does not explicitly guarantee rights for members of the LGBTQ community, our Charter of Rights prohibits the type of discrimination we face.   Section 15(1) of the Canadian Charter of Rights and Freedoms reads:

“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.”

While “sexual orientation” is not explicitly written into Section 15(1), a 1995 court ruling made it implicitly included as an “analogous ground.”  Through various court challenges, “sex” as been interpreted to include transsexuality, and “physical disability” to include HIV/AIDS.

On July 20th, 2005 Canada became the fourth country in the world to legalize same-sex marriage, after parliament passed the Civil Marriage Act.  Prior to this date, same-sex marriage was legal in eight out of Canada’s ten provinces and one out of three territories, after successful court challenges to marriage laws.

Since adoption falls under provincial/territorial jurisdiction in Canada, laws pertaining adoptions by same-sex couples differ from one part of the country to the other. Currently, adoption by same-sex couples in legal in British Columbia, Manitoba, New Brunswick,  Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Quebec, Prince Edward Island, and Saskatchewan.  Member of Parliament Libby Davies (NDP, Vancouver East) continues to lobby for uniform adoption laws across the country.

Since 1992, lesbians and gays have been able to serve openly in the Canadian military.  This advancement was the result of a successful challenge of Canadian Forces Administrative Order (CFAO) 19-20 by former Canadian Forces member Michelle Douglas.  CFAO 19-20 had been issued in 1976, and allowed the military to investigate and subsequently dismiss members of the LGBT community from service.  Canada’s treatment of LGBT persons in the military lies in stark contrast to the “Don’t Ask, Don’t Tell” policy of the United States.

While same-sex sexual activity has been legal in Canada since 1969, the age of consent for anal sex is 18 – regardless of sexual orientation.  The age of consent for all other forms of sexual activity is 16.