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Court File No Court File No. 27168 IN THE SUPREME COURT OF CANADA (On Appeal from the Court of Appeal for British Columbia) BETWEEN: THE BRITISH COLUMBIA COLLEGE OF TEACHERS APPELLANT (Respondent) and TRINITY WESTERN UNIVERSITY and DONNA GAIL LINDQUIST RESPONDENTS (Petitioners) and EGALE CANADA INC Moving Party/ Proposed Intervener ___________________________________________________________________________ AFFIDAVIT OF JOHN FISHER ___________________________________________________________________________ I, JOHN FISHER, of the City of Ottawa, in the Regional Municipality of Ottawa-Carleton, MAKE OATH AND SAY AS FOLLOWS: 1. I am the Executive Director of EGALE Canada Inc. (hereafter referred to as "EGALE") and as such, I have personal knowledge of the matters to which I hereinafter depose. 2 The Structure and Objectives of EGALE 2. The acronym “EGALE” stands for Equality for Gays and Lesbians Everywhere. EGALE is a federally-incorporated not-for-profit organization that advances equality and justice for lesbians, gays and bisexuals across Canada. 3. EGALE was founded in 1986. It is Canada's only national equality rights organization advocating for lesbians, gays and bisexuals and has members in every province and territory of Canada. 4. The objectives of EGALE, as set out in the organization's by-laws, include developing expertise in issues that affect equality and justice for lesbians, gays and bisexuals; making that expertise available to the general public; communicating and cooperating with others who are interested in advancing equality and justice for all disadvantaged groups; lobbying governments on issues that affect equality and justice for lesbians, gays and bisexuals; and educating the public on issues relating to sexual orientation in general, and to lesbians, gays and bisexuals in particular. 5. The organizational structure of EGALE comprises a twelve-person Board of Directors, the Executive Director, six Standing Committees, Regional Coordinators in each province and territory, and the general Membership. Four of the Board positions are held by the Executive Officers of EGALE, being the President, Vice-President, Secretary and Treasurer. The twelve 3 Board positions are filled by the election by the Membership of a male and female Board representative from each of six different regions of Canada. EGALE's Expertise in Addressing the Issues before the Court 6. Since its inception, EGALE has been committed to advancing both equality and justice for lesbians, gays and bisexuals in Canada. This includes a commitment to safeguarding the constitutional rights of lesbians, gays and bisexuals to freedom from discrimination and freedom of expression. 7. EGALE's activities include: legal research and consultation on subjects that concern lesbians, gays and bisexuals; interventions in test case litigation challenging alleged violations of the rights of lesbians, gays and bisexuals; public education about the rights of lesbians, gays and bisexuals; and appearances before governmental committees dealing with important issues of concern to lesbians, gays and bisexuals. 8. EGALE has intervened in numerous Charter of Rights and human rights cases dealing with issues of equality and discrimination against lesbians, gays and bisexuals. In each case, EGALE has sought to provide the Court with a substantive equality analysis that takes into account the social, political and legal context of the lives of lesbians, gays and bisexuals in Canada. The cases in which EGALE has intervened before this Honourable Court include: (i) Mossop v. Canada, [1993] 1 S.C.R. 554. In this case, EGALE coordinated a coalition of equality-seeking groups to intervene before this Honourable Court in support of equal funeral leave for same-sex families; 4 (ii) Egan and Nesbit v. Canada, [1995] 2 S.C.R. 513. EGALE intervened before this Honourable Court to challenge the opposite sex definition of “spouse” in the federal Old Age Security Act. The Court agreed that the opposite sex definition of “spouse” is discriminatory, but ruled that the federal government would be allowed time to bring its laws into conformity with the Charter of Rights; (iii) Vriend v. Alberta, [1998] 1 S.C.R. 493. EGALE successfully intervened before this Honourable Court in Vriend v. Alberta to support legal protection from discrimination for lesbians, gays and bisexuals in Alberta; (iv) M v. H and Ontario, [1999] 2 S.C.R. 3. This case involved a challenge to the opposite- sex definition of “spouse” in Ontario’s Family Law Act. On May 20, 1999, this Honourable Court ruled by a majority of 8 to 1 that Ontario must provide equality to those in same-sex relationships. EGALE’s submissions were cited favourably on four separate points in the judgment of the majority; (v) Little Sisters v. Canada Customs. On July 14, 1999, this Honourable Court granted EGALE intervenor status in the case of Little Sisters v. Customs Canada. This case involves a challenge by the Vancouver-based bookstore Little Sisters to the prior restraint provisions of federal customs legislation, pursuant to which materials deemed obscene may be detained and destroyed by customs officers. I am informed and verily believe that this matter is scheduled to be heard on March 16, 2000. 9. EGALE has also intervened before other Courts and tribunals in a number of important human rights cases: 5 (i) EGALE, along with 12 other equality-seeking groups, intervened jointly in the Ontario Court of Appeal in the case of Rosenberg & CUPE v. Canada (1998), 158 D.L.R. (4th) 664, dealing with the issue of survivor pension benefits for same-sex spouses. In April 1998, the Ontario Court of Appeal unanimously ruled that the opposite-sex definition of “spouse” in the pension registration provisions of the Income Tax Act was discriminatory, constituted an unjustifiable violation of s.15 of the Charter, and must be extended to include same-sex partners; (ii) Hill v. Fredericton (City) Mayor, [1998] N.B.H.R.B.I.D. No. 1 (N.B. Bd. Inq., September 17, 1998): EGALE successfully intervened before a Fredericton Board of Inquiry to support efforts to have Lesbian and Gay Pride Week officially proclaimed; (iii) Re Hurley: EGALE intervened before the Ontario Court of Appeal to oppose the extradition of a Canadian gay man to Mexico when it appeared that systemic discrimination might limit his right to a fair trial; (iv) Chamberlain et al v. Board of Trustees of School District #36 (Surrey): EGALE has been granted leave to intervene by the British Columbia Court of Appeal and has filed its factum in this challenge to a decision by the Surrey School Board to ban the use in the classroom of materials depicting same-sex families. I am informed and verily believe that this matter is scheduled to be heard from June 21 to June 23, 2000. 10. As EGALE's Executive Director, I was called to testify as a witness before the Canadian Human Rights Tribunal in Moore & Akerstrom v. Canada, (1996), 25 C.H.R.R. D/351. EGALE's then Vice-President, Lawrence Aronovitch was also called as a witness to testify before the Canadian Human Rights Tribunal in the case of Laessoe v. Air Canada (1996), 27 6 C.H.R.R. D/1. Both of these cases involved complaints about alleged discrimination based on sexual orientation. In both cases, our evidence was based on knowledge, information and expertise developed through our involvement with EGALE and its activities. 11. As EGALE’s Executive Director, I have twice presented judicial education workshops at the invitation of the National Judicial Institute, discussing lesbian and gay equality issues with Ontario Court judges. 12. Representatives of EGALE have also testified before a number of government Committees and Commissions, and participated in public consultations, including: (i) the Royal Commission on New Reproductive Technologies (addressing the needs, concerns and reproductive rights of lesbians, gays and bisexuals); (ii) the Senate Constitutional and Legal Affairs Committee (supporting Senate Bills S-15 and S-2, which proposed adding "sexual orientation" as a prohibited ground of discrimination in the Canadian Human Rights Act); (iii) the House of Commons Human Rights Committee (supporting proposed amendments to the Canadian Human Rights Act, as well as measures to recognize same-sex spousal relationships); (iv) the House of Commons Committee on Justice and Legal Affairs (supporting Bill C-41, which provides for more severe penalties for crimes motivated by hatred on certain grounds, including sexual orientation); (v) the House of Commons Committee on Human Resources Development (ensuring that the Social Security Review recognized the diversity of family relationships, including 7 same-sex relationships, when allocating government benefits on the basis of relationship status); (vi) the Ministerial Legislative Review on Immigration issues (advocating for a recognition of same-sex partners as "spouses" for the purposes of immigration sponsorship); (vii) Federal government consultations concerning the content of the 2001 census and its application to lesbians, gays and bisexuals and those in same-sex relationships. (viii) the joint Parliamentary Committee on Custody and Divorce (addressing the application of current custody laws to the children of lesbian, gay and bisexual parents); (ix) the House of Commons Sub-Committee on Tax Equity for Families with Dependent Children (dealing with the uneven application of current tax laws for children and parents in same-sex households). 13. EGALE has also supported a number of provincial and territorial
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