Historic Struggles of the LGBT Community in Canada to Obtain Greater Access

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Historic Struggles of the LGBT Community in Canada to Obtain Greater Access Historic Struggles of the LGBT Community in Canada to Obtain Greater Access Introduction Sexuality is one of the few aspects that touch on human beings that are widely discussed throughout the world. There have been endless and controversial debates that have been initiated to try and analyze the entire topical issue. While different societies have different practices and beliefs about sexuality, it is almost a universal practice that sexuality is revered and well regarded as an almost sacred code. However, there also exist varied orientations and practices on the same issue. In Canada, the heterosexual community has been considering same-sex and transgendered marriage relations as being illegal and immoral. The lesbian, gay, bisexual, and transgendered communities, abbreviated as LGBT, have had it difficult in Canada to claim for their rights as human beings and nationals of this North American country.

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The LGBT people have, on several occasions, been attacked, injured, killed, forced to resign from their jobs, or even forcefully relieved of their career duties and roles (Maynard, 2004).

However, the situation has evolved over time with numerous struggles and actions enabling the LGBT community to gradually gain recognition and acceptance in society (Kinsman, 2000).

Apart from the activities of the lesbian and gay rights groups, the amendments on the legal framework of the country have significantly helped the LGBT community to be considered as humans with equal rights as the all other people with ‘straight’ sexual orientations. In particular, the Charter of Rights and Freedoms gave a new impetus to the struggle that was initiated by the LGBT community across Canada. It is prudent to point out, however, that the struggle has not been easy, and equality has not been achieved wholesomely. LGBT people occasionally get mistreated or described with derogatory statements and phrases. There are still instances, for example, where LGBT people will lose on a political contest just because people still do not consider them as rightful candidates for the job (Dickin, 2001).

This research paper seeks to explore the historic struggles of the lesbian, gay, bisexual, and transgender communities to get greater admittance within the political landscape in Canada.

The LGBT community is particularly targeting to obtain recognition and equality from the Canadian government. It is noteworthy to put my emphasis on analyzing these efforts and their successes, and evaluate the resultant numerous astonishing gains that the LGBT community has enjoyed in Canada. The research focuses on two different periods, the first one ranging from between the 1920s to the 1960s, and the second one ranging from 1982 to date. The research question that this paper will concentrate on is whether the LGBT community has succeeded in its quest to attain recognition and political access within the political system in Canada. Also, the

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research will also focus on whether they remain to be unrepresented and marginalized in the nation’s political discourse.

The Period between 1920s and 1960s Overview Canadian law has historically been used as a source to dishearten the LGBT community sexually, rather than assist in the achievement of equality (Fisher & McComb, 2004). The early period between 1869 and 1969 particular saw the criminalization of a number of male gay sexual terminologies, with gay men being highly vulnerable to imprisonment. These ‘culprits’ were often accused of being dangerous sexual offenders. During this period also, prospective immigrants into Canada would be denied entry on the grounds of homosexuality, while lesbians, gays, as well as bisexual immigrants, would face the threat of being deported.

This early time frame saw the general Canadian community treat lesbians, bisexuals, and gays as people suffering from mental illnesses. These supposed patients were treated with conversion ‘therapies’ that included electroshock treatment. The American Psychiatric Association later arrived at a conclusion that homosexuality was not an illness of the brain and has subsequently removed it from the Diagnostic and Statistical Manual of Mental Disorders in 1973. However, transgendered people and the like are still subjected to psychiatric analysis within the Diagnostic and Statistical Manual.

In traditional Canada, sexuality was understood to be reserved for the married couple, which comprised of a union between a man and a woman with the sole goal to procreate. Hence, homosexuality, and the relationship of the same-gendered couple, was condemned as a pervasion

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and asserted as a criminal act (Bibby, 1990). According to the Canadian Gay and Lesbian Archives, as recorded in 1977, silence among these communities has particularly robbed them of their history (Maynard, 2004).

CBC archives’ screening clips from the 1950s showcase videos of random people being addressed and informed about homosexuals being troublemakers in the society. They were then required to be locked up in special institutions similar to those for insane people. Homosexuality was associated more as a social disease. An interview of a homosexual pair is in silhouette to conceal the identity of the individuals being interviewed. Though the two men point to the fact that they are normal and lead normal lives just like any other human being, they are quick to also point out that, as gay people, they are unable to lead their personal envisioned lives. They often suffer from alcoholism and numerous other mental-related problems, as a result.

The same clip in the CBC archive also showcases a lawyer who points out the fact that the existing laws then were actually far from reality. The lawyer in the clip particularly mentions the significance of studies undertaken by Dr Alfred Kinsey, which found out that between 4% and 10% of the correspondents actually identified themselves as homosexuals. Another 36 % of the correspondents admitted to having encountered a homosexual experience at some point in their lifetimes (CBC, 2012).

In the middle of the 20th century, there was barely anybody in the whole of Canada who would have dared to openly display homosexual inclinations. Jim Egan, a lone ranger in voicing the concerns and agitating for plight of the LGBT community, demanded for greater public education concerning homosexuality. Explicit behaviors that openly showed homosexual

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tendencies were being neutralized using caustic labels and humor, such as referring to them as fruits or fairies (Bibby, 1990).

In 1948, an amendment was carried out on the law that was targeted to stem homosexuality in Canada. The wording of the criminal act was actually changed to ‘criminal sexual psychopath’ during the amendment exercise. However, the bizarre regulation did not consider lesbians. The omission reflected a belief that prevailed at the time that either lesbian sexuality was non-existent, or need not to be encouraged by mentioning such. However, the law was later amended again in 1967 where consenting adults were actually excluded. During that same year, Everret George Klippert, serving a life sentence for admitting that he was homosexual, had his appeal turned down by the Supreme Court of Canada. There was a huge outcry from both the public and media, with the latter beginning to gradually lean sympathetically towards homosexuality causes. Consequently, Pierre Trudeau, in his capacity as the Justice Minister, pushed for a law that eventually decriminalized homosexual activity. This move heralded a change of affairs, with Trudeau’s statement denouncing that the state had no space in the nation’s bedrooms particularly getting famous.

The LGBT community was severally excluded from numerous public life aspects in Canada. In 1960, for instance, over 8,000 lesbians and gays were put under investigation by the Royal Canadian Mounted Police (RCMP). The federal government went a notch higher by paying a researcher at the Carleton University to design a ‘fruit machine’ that could be used for identifying gay or lesbian Canadians (Hannan, 1994). Federal civil servants, numbering about 150 of either gay or lesbian orientation, were dismissed or had to resign from their employment

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during this period. Between the 1920s and the 1960s, LGBT people had no permission to openly participate in the Canadian armed forces.

Equally, LGBT people were subjected to discrimination within the private sector in as far as issues like employment and housing were concerned. Human rights laws were never afforded to this community to protect homosexuals from any mistreatment. Hate-motivated crimes were targeted to the LGBT people, while no adequate police intervention and protection were offered to them. Verbal harassment by the advocates for anti-gay, anti-lesbian, as well as the antitransgender, was particularly a common occurrence in this period of time, with some instances resulting in brutal deaths and murders of the LGBT people.

Numerous damaging stereotypes have also been experienced by the community, such as the myths that LGBT people are child molesters, unfit parents, and sexual predators. These stereotypes continued even up to the constitutional level where partners of the same sex were excluded from such statutes as immigration, tax breaks, family, inheritance laws, and pension at the federal, provincial, as well as territorial level. Exclusion from these statutes ended up marginalizing the individuals in same-sex relationships, as well as stigmatized their children.

The Period between 1982 to Date Developments in the Political Arena The LGBT people have continuously struggled for their rights, both at the individual level and as a community. Andre Boisclair, a gay, was elected to head a political party for the first time in the whole of North America by his Parti Quebocois in the Quebec province. During Boisclair’s reign, between 2005 and 2007, electoral gains never produced a nationalist party

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leader, a move that prompted his subsequent resignation and to seek other interests. Boisclair, before his election as the party leader, served in the environment docket as a minister in the provincial cabinet of Quebec.

The fact that Boisclair was gay, nonetheless, did not crop up as an issue during his term in office or at the time of his resignation. The poor performance of his party, however, brought about a lot of issues in as far as his sexual orientation was concerned. This period of that time was truly different from the historical times during which the LGBT people were considered less than human. For instance, homophobic remarks that were voiced by critics about Boisclair landed the culprits into trouble. Radio jockey Louis Champagne, after verbally attacking Boisclair, was suspended from his duties immediately (Authier, 2007).

Could it be appropriate to term Boisclair’s brief stint at Parti Quebecois as an achievement in the political front that the gay community registered? Prior to Boisclair’s emergence in the political arena, two other politicians that were openly gay managed to have served in various political posts. Scott Brison, for one, was a parliamentarian since 1967 in Ottawa. In Prime Minister Paul Martin’s government, Brison served as Public Works minister and unsuccessfully vied for the Liberal Party’s leadership in 2006. Chris Lea, another openly declared gay politician, led the Green Party for six years between 1990 and 1996. In 1998, Winnipeg became the first city in North America to elect a mayor, Glen Murray, who was openly gay.

A new era that ushered in the most encouraging sign for the struggles of the LGBT was the exclusive research that was conducted by the University of Toronto for 10 years. The study’s findings determined that the political ambitions of an individual were never, in any way, affected

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by being openly gay. In fact, the findings pointed out those voters who were cynical about a politician’s honesty were more likely to think that the extent of courage wherein one openly admits homosexuality reflects their honesty, even when it comes to the handling of political issues (University of Toronto News, 1997).

Shifting Media Portrayals The struggles by the LGBT community to seek equality with the rest of the Canadian population have even been extended to the media platform. Gay characters have developed in the recent years, changing from what was a traditionally subtle insinuation, through versions that have been sanitized to currently perfect natural roles. Majority of the lesbians and gays have anxiously been reminding the public that the kind of life that they lead is normal, just as everyone else’s. The LGBT people have been quick to remind the public that the children they sire could actually turn out to be homosexuals (CBC Press, 2007).

Breakfast with Scot, for instance, is a comedy that features a couple who are gay. One of the partners is a former NHL star who is bringing up a teenager that is precocious and openly gay. In their quest to fight for recognition, even the NHL as well as the Toronto Maple Leafs allowed the filmmakers to make use of their logos. This, coincidentally, was the first time for the NHL to ever endorse a film whose theme is overtly homosexual. Barnaddete Mansur, NHL’s spokesperson, explained that the organization did not consider the film to be groundbreaking.

Instead, the spokesperson insisted that the movie was only a story attempting to capture a modern family that was raising a dear child and not, in any way, produced to make a statement about homosexuality (Johnson, 2007).

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The trend of considering homosexuality to be ‘normal’ was already initiated by the numerous efforts and campaigns that were being fronted by the LGBT. For instance, in one season of the Sopranos in 2006, Vito was considered to be a fat, underhanded, leather-chaps wearing, foul-breathing murderer (Deziel, 2006). This turnaround was highly applauded by the gay rights organizations throughout Canada. According to Deziel, Damon Romine of the Gay and Lesbian Alliance Against Defamation, commonly abbreviated as GLAAD, was quoted as saying Vito’s character in the Sopranos proved to people only what they had known for years, that gay people were everywhere, working as teachers, doctors, or even mobsters. The days when gay individuals had to conceal their identity by overcompensating themselves with amiability so as to appear sympathetic were all gone. Deziel (2006) further points out that the change began to be felt during the time when the series Six Feet Under was on air. Additionally, the scheming character that was gay on Desperate Housewives offers a break from the characters in Will and Grace who are both gay. In comparison to the mainstream media across North America, however, few attempts, if any, have been made to try and develop TV shows with characters of lesbian orientation.

The Legal Front and its Contributions to Expansion of LGBT Rights The native people in North America had their original perception of sexuality different from what is considered to be conventional today. It was only later, after the European settlers arrived in the region that new morality was actually brought in. This resulted in the use of such common terms such as predatory, sinful, miscreant, and deviant, among many other terms for describing homosexuals.

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The meeting and mixing up of different cultures, such as the British and the French, with the cultures of the indigenous Canadians, shocked the immigrant European traders. They were particularly awed by the power which women wielded, and by the respect and openness which was given to sex between females and between males (Kinsman, 2000).

By the 21st century, however, Canada had undergone a lot of evolutionary processes that saw the country drop some traditional cultures and beliefs on sexuality and adopting views from other parts of the world. For instance, in 2007, Canada was marking the Charter of Rights and Freedoms’ 25th anniversary. This implies that quite a significant number of Canadians had, by this time, actually lived under the Charter’s umbrella for a long enough period to thoroughly be under its influence. This Charter was actually viewed by many as a rescue to some of the traditional mistreatments and oppression that the LGBT had been continuously subjected to.

The Charter of Rights and Freedoms particularly helped in codifying freedoms that the Canadian people had, for long, taken for granted. The Charter’s actual location within the Canadian constitution, which is called entrenchment, makes it very powerful. In the 20th century’s final two decades, the exploration of that particular status displaced virtually all types of legal queries undertaken by the Supreme Court of Canada’s consideration. According to Dickin (2001), the Supreme Court has nonetheless qualified to be considered as a ‘Charter’ court.

Subsection 15 of the Charter points out categorically that all individuals are equal as far as the law is concerned. Every individual, under the law, enjoys rights to equal protection as well as enjoys equal benefit that is provided by the law. Hence, no one would be discriminated against on the basis of such issues as race, color, ethnic or national origin, religion, or even mental and

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physical disability. The subsection’s contributions in addressing equality among the LGBT people is underlined by heavy litigation, with its cases making up exciting reading among the judgments being passed by the Supreme Court of Canada. Gay couples seeking to have the term ‘spouse’ redefined, such as in the case of Egan v Canada in 1995, have found the Charter offering the major testing ground for the whole issue of the LGBT community and their rights.

The Charter-linked case in the Supreme Court of Canada that involved Delwin Vriend, an openly-gay teacher, is a perfect example that shows how the LGBT community has been salvaged by the law. Vriend lost his teaching job following revelations that his sexual orientation was not actually straight. His initial complaints were taken to a human rights commission but were, unfortunately, rejected. Vriend later moved to court and received a ruling that was favorable on his part in 1992. Anna Russel, who later became a presiding judge in the Alberta Court of Appeals, made comments in her ruling to the effect that homosexuals suffered discrimination, which were notorious, and which the judge herself could actually take judicial notice without any evidence.

Delwin Vriend, however, lost his case after the ruling that the lower court granted was initially was appealed. In its ruling, the Supreme Court of Canada, nevertheless, vindicated him (Lexum Collection, 1998). Vriend never sought for settlement in as far as his dismissal was concerned and his case failed to create a precedent. But his efforts served as an eye opener to the advancement in the case of equality concerning cases that touch on gay people.

Smith (1999) assesses the general impact that the Charter had on efforts by the LGBT community to seek recognition and equality across Canada. The gay liberation movement engaged itself in equality, seeking activities even before the Charter had been entrenched.

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According to Smith, the Charter’s redress on equality-seeking did not target the social movement politics but, rather, only generated a specific frame of rights talk. Meanwhile, as the gay liberation movement focused more on developing the consciousness of the gay and lesbian people, building political identity, organizations, as well as networks, the rights talk pulled organizations discussing gay and lesbian rights towards an assumed gay and lesbian identity. It basically put more emphasis on the legal change’s achievement as the main goal.

Warner’s observations on the scenarios from the perspective of the gay liberation highlight his remarks on the same topical issue (Warner, 2002). He points out that the final decades of the 20th century really set an unprecedented mark on history concerning the rights issue of gay and lesbian groups. The legal gains that were realized, however, only made up parts of the entire picture, according to him. Recent trends portray a picture of the struggle being over and more concentrated on equality, seeking dimensions of the same-sex marriage rights groups, as well as human rights. Warner (2002) is convinced beyond any reasonable doubt that these same-sex liberation efforts, groups, and movements are alive and well. The efforts are continuing as a force. Back in the 1970s and 1980s, it may be recalled that lesbian and gay theorists were actually criticizing marriage, terming it as an incurable heterosexual institution (Cere & Farrow, 2004).

Progress of the efforts by the LGBT in Canada In 2008, only Canada and Spain had considered same-sex marriage and opposite-sex marriage to be on an equal footing. This is in as far as the granting of total legal equality is concerned, based on such aspects as spousal benefits acquisition, the right to children’s adoption, and the ability to offer sponsorship to partners, among many others. In comparison to the

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previous practices, it is evident that there have been some remarkable changes. The parliament, in 1999, voted to reaffirm marriage’s heterosexual definition in a 216-55 vote.

Three provincial superior courts of Quebec, Ontario, and B.C., however, upheld challenges to the definition within three years. The cabinet, comprising of the liberal party members, resolved not to appeal against the decision. The existing law on marriage was struck down by the Ontario Superior Court in 2003, terming it as discriminatory and, instead, redefining marriage as any ‘union comprising of two persons.’

Conclusion Canada has gradually evolved from the early 20th century, when homosexuality, lesbianism, and other bisexual relations, were actually considered to be immoral practices that needed to be admonished by the society. In the beginning of the 20th century, the LGBT could not attempt to identify themselves with their sexual orientations. The general Canadian society looked at them as outcasts who had no cause to mingle and live with other heterosexuals. The LGBT risked being beaten up, getting injured or even being killed by the rest of the society members if it was ever to be discovered that they were homosexuals. Draconian laws that existed at the time were mainly aimed at giving the government power to discourage homosexuality through the meting out of severe punishments to the culprits. Several amendments were carried out on the laws, with each amendment improving on the general situation of the preceding law.

Canada had imposed strict laws on immigration that allowed the government the power to deport homosexuals. In other words, homosexuality was actually outlawed in the country, with perpetrators of the crime getting liable to serious legal penalties.

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During the two final decades of the 20th century, however, the Canadian society had gradually moved towards accepting homosexuality and the LGBT people to be ordinary human beings without any unique mental or other health problems. There have been registered rights bodies in the country that presently agitate for the recognition, acceptance, and equality of the LGBT community. The media has played a very crucial role in sustaining this goal. Currently, gay characters freely take part in soap operas and movies where they do not conceal their identities but, rather, act their real life roles. These programs are intended to enlighten the society on the reality that homosexuality is real and does not selectively choose individuals.

On the legal front, most of the amendments in the recent past have been crucial in empowering the LGBT people and giving them a voice to seek for protection and respect for their rights. In particular, the Charter of Rights and Freedoms basically codified freedoms which existed prior to the Charter’s formation and existence but which were never taken with much seriousness. Gay and lesbian people, through the Charter’s legal constructs and framework, have managed to move to the courts and seek for their rights whenever people attempt to despise them. Although these developments have been positive towards the achievement of an equal society or community, there is still a lot that needs to be done to ensure the LGBT community enjoys full freedom and feel proud of their sexual orientation. The society needs to be enlightened more on homosexuality and the related stigma addressed. Future research on the same subject should seek to determine alternative ways through which the society, in general, can get to learn and understand how to equally treat each other.

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