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Supreme Court ruled that same sex couples should have the same rights as opposite sex unmarried couples. This rule, inspired by the M. v. H. case, two woman who lived together for a decade, “M” sues “H” for spousal support under Ontario's Family Law Act. The problem was that the act defined "spouse" as either a married couple or "a man and woman" who are unmarried and have lived together for no less than three years. The judge rules that the definition violates the Charter of Rights and Freedoms and declares that the words "a man and woman" should be replaced with "two persons.” Responding to this case, the Ontario Legislature introduce Bill 5 to alter more than 50 provincial laws and outlawed discrimination in the province against same-sex couples. The Court determined that same-sex couples should be treated in the same manner as heterosexual couples.
January 14, two same-sex couples get married in a church service in Toronto. Although they could not get a marriage license, the couple went through an ancient ritual of the reading of the bans. Ontario government refused to register their marriages. However, two and a half years later, the Ontario Court of Appeal recognize the marriages, thus making them the first same-sex couples in the world to be legally married.
The Federal Government was forced to respond to legalizing same-sex marraige. During a meeting, the Liberal party decided to not appeal the decision of the Ontario and British Columbia appeal courts to the Supreme Court of Canada. Prime Minister Jean Chrétien announces that the Liberal ruling party introduce the legislation to Parliament, making same-sex marriages legal across the country.
Rev. Brent Hawkes of the Metropolitan Community Church in Toronto reads the first "banns", an old Christian tradition of giving public notice of people's intent to marry – for two same-sex couples. Hawkes says that if the banns are read on three Sundays before the wedding, he can legally marry the couples. The reading of banns is meant to be an opportunity for anyone who might oppose a wedding to come forward with objections before the ceremony. No one comes forward on the first Sunday but the next week two people stand up to object. Though, Hawkes ignores the objections and continues to read the banns the following Sunday.
Newfoundland (.97) and Prince Edward Island (.98) become the last provinces to include sexual orientation to their Human Rights Act.
bill C-33 passes Federal Parliament, “sexual orientation” is added to the Federal Human Rights Act as a protected class. Thus, prohibiting any discrimination based on sexual orientation in institutions that operate under federal jurisdiction, including the military, banks and telecommunications.
The Senate passes bill S-15, another attempt to add “sexual orientation” to the Canadian Human Rights Act, due to the Parliament being dissolved for the 1993 federal election, the bill does not make it to the House of Commons.
Jim Egan and Jack Nesbit, a gay couple sue Ottawa after being denied spousal allowance under the Old Age Security Act. The court rules against the couple, although five of the nine judges acknowledged that “sexual orientation” is a protected ground and that protection extends to same-sex couples. Unfortunately, Egan and Nesbit lost the case, although the E v. C case established gay rights in Canada.
1992- Justice Minister Kim Campbell introduces bill C-108, requesting to add “sexual orientation” to the Canadian Human Rights Act. Unfortunately, the bill does not pass the first reading.
The Canadian Human Rights Commission established that same-sex couples and their children should be considered a family.
February 5, 1981, around 200 police officers coordinated raids called “Operation Soap”, at four gay bathhouses. According to Law officials, the raids were a result of six months of alleged undercover sex work and other indecent acts. Police had arrested over 300 men. Many were found innocent of all charges laid on them.
Feb 6, 1981- At over 3,000 people marched in the streets of Toronto to protest the arrest. The protest resulted in 11 arrests, one injured police officer, one damaged police car and four smashed windows in a street.
1985-The Parliamentary Committee on Equality Rights releases a report titled "Equality for All." The committee writes about the large amount of discrimination against homosexuals in Canada and recommends that the Canadian Human Rights Act be changed to make it illegal to discriminate based on sexual orientation.
1986-the government responds to the Committee in a paper titled "Toward Equality" in which it writes "the 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."
Quebec becomes the first province to include sexual orientation to their Human Rights Act. Discrimination towards heterosexuals, homosexuals and bisexuals was banned. Any prohibitions in the Immigration Act that previously banned homosexuals from entering the country was repealed.
Bill C-150 is passed and Trudeau’s amendments pass to the Criminal Code, becoming law and decriminalizing homosexual activity between consenting adults over 21. Though in the later years, the Criminal Code makes further amendments, dropping the age of consent to 18 (for anal sex) and 14 for other sexual activities.
“There’s no place for the State in the bedrooms of the nation” Justice Minister Pierre Trudeau introduces bill C-150 (aka the bedroom bill), to decriminalize homosexual behaviour between consenting adults over the age of 21.
By: Adrienne Castro