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Decriminalization In Canada Essay

717 Words3 Pages

The decriminalization of homosexuality was a major milestone in Canadian history showing the LGBT community in a more positive light. Since the beginning of “Confederation, in 1867, homosexuality was punishable under Canada's criminal law by up to 14 years in prison”.This law was changed by the Trudeau Government making it legal for consenting adults over the age of 21 to participate in a homsexual relationship. The changing of this law created more equality for LGBT members. It also gave them a sense of pride making them able to feel proud of who they are. It also reduced the amount of fear within the community making hiding who they are a burden they no longer have to carry. The decriminalization of homosexuality in Canada in 1969 facilitated …show more content…

With homosexuality being decriminalized people were able to pursue jobs and relationships without the fear of discrimination or incarceration. They were able to walk around in public with their partner and live together without worrying about getting arrested. Before the law was changed it was illegal to be in a homosexual relationship and anyone who was could be incarcerated for up to 14 years. The changing of the law eventually lead to the legalization of same sex marriage in Canada on July 20, 2005. The freedom they got with the changing of the law allowed many members of the LGBT community to purse jobs they normally would have avoid. Before the law was changed they would have to hide the fact that they were gay or risk serious consequences. The current premier of Ontario Kathleen Wynne is a great example of not letting sexuality stop you from pursue a career because she is openly lesbian proving that sexuality cannot hold you back from the job you want. Many members of the LGBT community now work in many different and sometimes pubic jobs. Some members of the community are politicians like Kathleen Wynne or police officers some are even members of the armed

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1. The Lawrence v. Texas Supreme court case of 2003 was a landmark event for the LGBT community and gave them their constitutional right to pursue same gender consensual sexual activity without the fear of state intrusion. Before the decision of the court, sodomy laws were applicable in Texas which criminalized sexual activities between people of same gender. With the passing of this judgment, there was renewed vigour of exuberance among the lgbt community and for a very good reason. The case was brought to the notice of the police who raided a residence on gun related charges and found two males engaged in consensual sex.

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At first, there were too many people who had been influenced by the church, hence why homosexuality was seen as criminal in the first place. As Tom Warner, an activist for gay rights and writer says in David Churchill’s article: “This decision raised the chilling prospect that any gay man [any person] could be imprisoned for life unless he could prove he was unlikely to recommit a same-sex act” (Churchill 7). Through Warner’s words, it is seen how breath relieving the decision was to separate church from state for the gay community. The proposal of bill C-150 and the decriminalization of homosexuality made it so that the church would not affect any more political issues. As Trudeau has infamously said, “there’s no place for the state in the bedrooms of the nation” (CBCnews).

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“A group of people decided they’d had enough. They took a stand and in doing so began the New York Gay Activist movement. Which eventually spread to other parts of the country…. I very much doubt they know the impact of their decision to stand firm that day in 1969, but it’s because of those people that gay rights exist in this country today,” Lynley Wayne, LGBT Writer. Everyday people are trying to stand up for themselves.

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The Canadian Charter of Rights and Freedoms is primarily the rights and freedoms enshrined in law which have had the biggest effect on Canadian Society. One of the decisions which have come about due to the Constitution and Charter is gay and lesbian rights. In the 1960s, it was still illegal to engage in any acts of homosexuality in Canada. However, lesbian, gay, bisexual, and transgender Canadians (LGBT) gradually gained more acceptance. As a result of the Charter of Rights and Freedoms, several rulings in court have shaped our societies current laws regarding LGBT.

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Throughout the 1960’s, Pierre Trudeau made many significant changes regarding Canada’s Criminal Code through Bill C-150, after earning a seat in parliament for the Liberals in 1965. This bill took major steps towards the acceptance of homosexuality, made abortion possible for some women, put restrictions on firearms, made small scale gambling okay and put a limit on Blood Alcohol Concentration when driving. Before the late 1960's, there was a strong stigma around abortion and homosexuality, he started to change our country’s opinion on this as well as some other topics. Pierre was one of the people who began proving everyone was equal and began giving rights to those who otherwise had none. He created the basis of what our criminal code

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But now canada has implemented a new law restricting free speech even more. The 18th of november 2017 bill c-16 was passed. Bill C-16 is supposed to protect transexual people from harassment and other aggressive factors, that may or may not be playing a part in making life worse for transsexual people. The law sounds pretty innocent in

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Gay people have found themselves not having access to the rights promised to them by The Declaration of Independence. A pamphlet detailing this disparity said, “The homosexual American citizen finds himself denied many of the unique and special features of American life that are guaranteed by the Declaration of Independence.” (Document H). Gay people were prosecuted by many people in the 1960’s. Being an openly gay person opened you up for being unjustly arrested, losing your job for no reason, and other things similar to that.

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Firstly the Property (Relationships) Act 1984 (NSW) played a highly significant role in providing legal recognition and protection for same-sex families. This legislation included same-sex couples in the definition of ‘de facto’ relationships meaning they now had legal recognition and the same rights as heterosexual couples under Australian law. As well as this, same-sex couples were also afforded rights and recognition in issues of property division and handling relationship contributions. The legal support same-sex couples now had was essential in applying the rule of law in Australian society. Additionally, the Miscellaneous Acts Amendment (Same Sex relationships) Act 2008 (NSW) also aimed to provide legal recognitions and rights to same-sex families/couples, similar to the Property (Relationships) Act 1984 (NSW).

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Within the decade, many changes that benefitted the LGBTQ+ society were made by the Supreme Court of Canada. Such as in 1998, they extended spousal benefits to same-sex partners of their employees and for same-sex spouses to be able to be allowed to sign up for pension plan registration (Hurley 2005). People with a different sexual orientation then what is known as the normal are still regular people, so for Canada to allow same-sex spouses to be able to apply for pension and work benefits is a large step in the right direction. During this time not everyone could get a job so if at least one person in the relationship had a job that had benefits then the couple would be covered no matter what their sexual orientation is. In 1995 Bill C-41 was created to not allow people to give out any unnecessary sentences based on a person’s personal characteristics including sexual orientation (Hurley 2005).

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Canada has taken much lengths to continue crushing the inequity by passing laws prohibiting such bigotry. In 1995, the Supreme Court ruled that the Canadian Charter of Rights and Freedoms also applied to sexual orientation, protecting lesbians and gay men. Though it took until 2005 for same sex marriage to legalize in all parts of Canada, it had beat America by a whole decade. If laws like these continue to pass, in theory, the negative opinion on the LGBT community will continue to diminish over time. Justin Trudeau has also taken a stand with the LGBT community, being the first Canadian prime minister to ever march in a pride parade.

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Gay and Lesbian Activism After the 1950s In the aftermath of World War II, the United States underwent profound transformations, not only in its economy but also in its pursuit of social reform. Industries were undergoing transformative changes and scientific discoveries were being made. After having viewed same-sex relations as a mental disorder for many years, Americans began to shift their perspectives, given the new scientific advancements that were being made. Following WWII, same-sex relations garnered greater attention in the United States than ever before which enabled, enabling LGBTQ individuals to congregate and form communities, to initiate the call for policy changes, and to change the definition of what being gay meant in a political

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This shift occurred at the same time as liberalizations of abortion, birth control, and divorce laws and were a result of the same underlying reasons: an increased recognition of individual autonomy, and a desire on the part of the State to stop regulating morality through criminal law. It was this removal of the link between morality and law that allowed homosexual Canadians to live their lives without fear of arrest for the first time in Canadian

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This has taken legal enforcement since it has been known to be harmful. Homosexuality was a big deal as well. Many men have been arrested in bars and gay night clubs due to their differences. Almost every

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