Egale News Summer 2000

EGALE ADVANCES EQUALITY AND JUSTICE FOR LESBIAN, GAY, BISEXUAL AND TRANSGENDERED PEOPLE, AND THEIR FAMILIES, ACROSS CANADA SUMMER 2000 a newsletter for EGALE Canada decision by Minister of Justice Anne McLellan to add an amendment to the Bill on March 23, 2000, explicitly defining mar- POLITICS riage as restricted to opposite-sex couples only. EGALE lobbied vigorously against the addition of this clause, which serves no pur- Omnibus Federal Law pose other than to send the message that the Government continues to view our relation- Recognizes Same-sex Couples ships as inherently inferior. A major milestone was achieved with the introduction earlier this year of fed- During debates at the Committee and eral omnibus legislation to recognize same-sex couples equally. House of Commons, Svend Robinson, MP moved a motion to remove the clause or strike he legislation, Bill C-23, is the prod- married couples. In this regard, the Bill goes out the explicitly heterosexual definition of uct of years of hard work and dedicat- further than the omnibus legislation adopt- marriage. The motion was, however, defeated. T ed lobbying by groups and individuals ed by each of Quebec and Ontario, which Reform Party MP Eric Lowther then across Canada. On February 7, the first day treat same-sex couples equally with opposite- proposed his own motion, to expand the that the House of Commons sat this year, sex common law couples but withhold the government amendment so that the restric- EGALE and the Foundation for Equal rights and responsibilities of married cou- tive definition of marriage would apply not Families presented the Hon. Hedy Fry, on ples. To qualify as “common law partners” just to Bill C-23 but throughout “all federal behalf of the Government, with over 6,500 under Bill C-23, a couple must live in a con- laws”. This too was defeated. postcards declaring “It’s about time!” for jugal relationship for at least a year. At third reading on April 11, 2000, the equal recognition of our relationships. Hedy One major concern, however, was the Bill was adopted by the House of Commons. Fry responded, “It isn’t a matter of whether, but when.” Sure enough, omnibus legislation was introduced in the House of Commons by the end of that week. Bill C-23, titled the Modernization of Benefits and Obligations Act, will provide equality in over 68 federal laws, including tax law, pension benefits, access to employ- ment insurance, even equal treatment for the same-sex spouse of a future Governor General or Prime Minister. Under the Bill, both same-sex and opposite-sex unmarried couples are identified as “common law partners”, and are accorded the rights and responsibilities of opposite-sex A Tribute to Jim Egan . .2 ÉGALITÉ POUR LES GAIS ET LES LESBIENNES New Immigration Law . 4 Little Sisters case . 5 EGALE Marriage developments . 6 EQUALITY FOR GAYS AND LESBIANS EVERYWHERE EGALE President Kim Vance and Executive Director John Fisher went on to testify before the Senate Committee considering the legislation on May 18, In their own words … 2000, expressing our general support for the Bill, but our opposition to the anti- Excerpts from public statements by MPs marriage clause. EGALE has also been during debate on omnibus Bill C-23: engaged in media activities around the Bill, has developed action alerts and a Garry Breitkreuz, MP (Reform/Canadian Alliance): written brief, and has met with MPs from all political parties. “If this Bill passes, the institution of marriage will be the next casualty Since the introduction of Bill C-23, of gay and lesbian lobby groups and weak-kneed politicians. In the Nova Scotia has already introduced 1950s, buggery was a criminal offence, now it’s a requirement to amendments to its Family Maintenance receive benefits from the federal government.” Act and announced its intention to revise its pension benefits legislation, John Williams, MP (Reform/Canadian Alliance): and other provincial and territorial gov- “Going back to the dawn of history and even before, society has organ- ernments are expected to follow suit. M ized its way in solid, committed unions between men and women. That is the way in which every society in the world has organized itself. There must be something in it.” A TRIBUTE to JIM EGAN Lee Morrison, MP (Reform/Canadian Alliance): It was with much sadness that EGALE “I frankly do not care how homosexuals choose to organize their lives, learned of the death of long-time gay but to treat their unions as de facto marriages is downright silly. … Not rights activist Jim Egan on March 9, too many years ago, if anyone had suggested that homosexual couples 2000. Described by friend Kel Kelley as living together under the same roof should be awarded the same social a “friend, buddy, hero, mentor”, Jim had benefits as married people, they would have been laughed out of town. the courage to be fighting for lesbian It would have been considered hilarious. Yet here we are. Is this and gay equality in Canada decades progress? I doubt it.” before human rights protection even existed. His work paved the way for Reed Elley, MP (Reform/Canadian Alliance): many of the victories to follow. Jim Egan and Jack Nesbit, his partner “By the mid-1960s we were in the midst of a sexual revolution. The of over 52 years, made history when they feminist movement started a strident campaign to bring women into took their challenge to the opposite-sex the 20th century. They wanted vengeance and retribution. A gradual definition of “spouse” in the Old Age blurring of the sexes occurred that gave young men growing up in many Security Act all the way to the Supreme female dominated, single parent homes an identity crisis. This led to a Court of Canada. Although their claim rise in militant homosexuality … The things that had been considered was denied in a narrow 5-4 decision, the improper went looking for a desperate legitimacy. Supreme Court ruled unanimously in the 1995 Egan judgment that “sexual orienta- “In my view, no government can make legitimate any behaviour that has tion” is a ground of discrimination pro- for centuries by tradition, custom, faith and the social contract been tected by the equality guarantees of the seen as destructive to family life … If this bill passes without the Charter of Rights. amendments we have suggested, it will be a sad day for Canada and I, Jim’s passion, humour, dedication and for one, would never want to be a part of that kind of country.” deep commitment to his partner Jack were captured in David Adkin’s moving The Hon. Anne McLellan, Minister of Justice (Liberal): video: Jim loves Jack, the James Egan Story. Before he died, Jim Egan asked that “Bill C-23 preserves the existing legal definition and societal consen- contributions in his name be made to sus that marriage is the union of one man and one woman to the EGALE. Those contributions will be used exclusion of all others. … This definition of marriage, which dates back to continue the struggle for equality that to 1866, has served us well and will not change.” Jim started. He will be sorely missed. M ➡➡ G2 GE QUALITY FOR GAYS AND LESBIANS EVERYWHERE” Census 2001: StatsCan to Count Us In! In the 1996 Census, same-sex couples were given no option but to identify their marital status as “single”. Both married and common law status were restricted to opposite-sex couples only. In 1999, EGALE prepared a brief and • Husband or wife of Person 1; participated in public consultations with • Common-law partner Statistics Canada, urging that our rela- (opposite sex) of Person 1; tionships should no longer be rendered • Common-law partner invisible. (same sex) of Person 1; StatsCan has now released the word- • Son or daughter of Person 1. ing for the 2001 Census, and for the first time, our relationships are squarely rec- The Census further provides that ognized. Question 5 of the Census will “children of a common law partner ask whether the resident “is living with a should be considered sons and daugh- common-law partner”, and goes on to ters”. state: Although EGALE anticipates sig- “Common-law refers to two people of nificant under-reporting of same-sex the opposite sex or of the same sex who relationships the first time these ques- live together as a couple but who are not tions are included, the census will be legally married to each other.” sent to every household in Canada, Question 6 asks about the relationship of and will have significant value in rais- other household residents to “Person 1” and ing awareness about the diversity of sets out a variety of options, including: Canadian family life. M Age of Consent 3 Inability On March 30, 2000, EGALE submitted a brief to the federal government in to date peers response to a call for public submissions on a variety of youth issues, includ- EGALE recognized that youth are ing proposals to raise the age of consent. EGALE’s brief highlighted areas of more likely to have balanced and equal inequality between lgbt youth and heterosexual youth, and raised a number of relationships when dating their peers. policy concerns about the government’s proposal: One result of society’s pervasive homo- phobia is that heterosexual youth are 1 2 more likely to date those in their class Inequality Effectiveness in than lgbt youth, who may not be out or of enforcement Preventing Harm open about their sexuality. One concern was whether gay and les- In EGALE’s view, the goal of setting bian sex is disproportionately targeted by an age of consent should be to mini- 4 prosecution authorities.

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