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In 1988, Delwin Vriend was employed as a lab coordinator at King's College, a private Christian college in Edmonton, Alberta, where he received many benefits and positive evaluations for his work
After a college board meeting in January 1991, a decision was made by the college authorities to request Vriend's resignation which he declined.
The reasoning for his dismissal was his sexual orientation (homosexuality) which he revealed to College authorities upon request a year earlier
"Discrimination: an action or a decision that treats a person or a group badly for reasons such as their race, age or disability."
https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination
CHRC Definition
When Vriend went to the Alberta Human Rights Commission to issue a complaint, he could not do so.
This was because sexual orientation was not a illegal ground of discrimination under the Alberta Individual Rights Protection Act.
Alberta Individual Rights Protection Act: The human rights act enacted by the Alberta provincial government in 1966 for the province. All other provinces also have their own human rights act.
The exclusion of sexual orientation as a illegal ground of discrimination was odd as in most parts of Canada, such treatment would have been discrimination
Vriend began a legal case arguing that the Alberta Individual Rights Protection Act violated the 15th section of the Charter.
Charter of Rights and Freedoms: A bill of rights and a powerful legal tool that is part of the Canadian constitution. It was put together by PM Trudeau (not the one in office right now) and was signed into law by Queen Elizabeth II in 1982. The Charter ensures a wide range of equality rights and fundamental freedoms such as of expression and religion.
The Supreme Court of Canada agreed with Vriend without any opposition but the decision was overturned at appeal.
Before 1965: During the British America and British North American time periods, homosexuality was punished by execution. This changed in the late 1800s when these laws were replaced with "gross indecency laws".
1965: Everett Klippert is arrested and imprisoned indefinitely for being gay and having sex with male partners. He is deemed a "dangerous sex offender".
1969: PM Trudeau decriminalizes homosexuality as amendment to the Criminal Code.
1971: Klippert is released from prison.
1977: Quebec is the first province to include sexual orientation in its Human Rights Code as an illegal ground of discrimination.
1978: A new Immigration Act is passed that allows gays to immigrate to the country.
1979: The CHRC recommends that "sexual orientation" should be added to the Canadian Human Rights Act. Attempts to add sexual orientation to many federal acts including the CHRA are defeated over the next twelve years.
1981: Canada's "Stonewall" occurs when massive protests break out by the LGBT community after raids are taken place at gay bath houses the night before with more than 300 gay men arrested.
1982: The Charter is passed which gave equality rights based on race, sex, religion, age, etc. However sexual orientation wasn't added until later.
1988: Svend Robinson becomes the first MP to come out as gay.
1989: The CHRC ruled that same-sex couples (and their children) should be considered families.
1996: Bill C-33 is passed adding sexual orientation in the CHRA
S.32(1): Describes the basis on which right can be enforced
S.32(2): Added to delay the enforcement of s.15 until the government was given time to amend their laws to conform to the section
IRPA: The human rights act used in Alberta. Each province has its own human rights act.
Notwithstanding clause: Officially called s.33, it allows provincial or federal authorities to override sections of the charter for a 5-year period