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According to the Supreme Court of Canada sexual orientation is considered a protected ground under the Charter even though it is not explicitly mentioned in the Charter. It has been added to all provincial human rights acts including most recently to Alberta's. Transgender rights have traditionally been protected under gender or sex and may soon be protected on the grounds of gender identity and gender expression (Bill C-389).
Same sex marriages became law in Alberta on July 20, 2005 through the Civil Marriage Act, a federal Act which defines Canadian civil marriage as a union between "two persons to the exclusion of all others." However, this does not mean that clergymen or other officials can be forced to perform marriage ceremonies if they do not want to. Same-sex married couples are also allowed to get a divorce the same way opposite-sex couples are.
The Supreme Court has also ruled that same-sex couples living in common-law are allowed to apply for spousal support benefits the same way that opposite-sex common-law couples can as long as they live together continuously for a period of not less than three years, or in a relationship of some permanence and if they are the natural or adoptive parents of a child.
Canada also allows people to sponsor their same-sex partners from other countries depending on where the marriage occurred and only if it was legally recognized (for a list of applicable countries see the Citizenship and Immigration Canada website). However, same-sex couples still have to prove the same things as opposite-sex couples such as proving that the relationship is legitimate and that they have lived together for at least a year. The Supreme Court has also ruled that the government must pay Canada Pension Plan benefits to individuals whose legally recognized same-sex partner has passed away.
There are still some ways in which LGBT individuals can be discriminated against legally. For instance the age of consent for anal sex is eighteen while it is sixteen for all other forms of sex. Also, gay men are still not allowed to donate blood. The Ontario Human Rights Tribunal has also set out recommendations regarding strips searches conducted by the police on transsexual detainees. For instance, transsexual detainees must have a choice of who conducts the search (a male or female police officer), they should be allowed to self-identify and police officers should not be allowed to opt-out of strip searching as it could lead to a chain of discrimination and further the negative effect on the detainee.

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LGBT (Lesbian, Gay, Bisexual, And Transgender) Rights in Canada - Women and the Law in Alberta

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According to the Supreme Court of Canada sexual orientation is considered a protected ground under the Charter even though it is not explicitly mentioned in the Charter. It has been added to all provincial human rights acts including most recently to Alberta's. Transgender rights have traditionally been protected under gender or sex and may soon ...

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Canada House will also serve as Pride House during the PyeongChang Games after South Korean organizers failed to raise enough money to open a standalone LGBT centre in the Olympic village, CBC News reported.

This will be the first Pride House in Asia, according to The Georgia Straight. An opening for fans was held on Saturday.

This is also the first time a Pride House is directly affiliated with a national Olympic committee.

"We recognize that diversity is our greatest strength. Inclusion is the very foundation of what makes the heart of Team Canada. By hosting Pride House in our Canada Olympic House, we are extending our warmest welcome to all from every corner of the world to celebrate 'Be Olympic'," Chris Overholt, CEO and Secretary General of the Canadian Olympic Committee (COC) said in a press release.

The first official Pride House was created for the Vancouver Winter Olympics in 2010, according to the Pride House International website. The 2010 Games had two locations, one in Vancouver and one in Whistler.

Pride House are safe spaces and resource centres designed to welcome LGBT athletes, fans and their allies during international sporting events. They are inclusive places to "view the competitions, experience the event with others, learn about LGBTIQ+ sport and homophobia in sport, and build a relationship with mainstream sport."

When the Sochi Olympics in Russia denied requests for a Pride House, Canada stepped up again and established one of many "remote" solidarity Pride Houses set up in cities across the globe. Toronto's Pride House was set up to shine a spotlight on Russia's anti-gay laws and to celebrate the Olympics.

I promise, for every athlete that's out, there's at least one or two that aren't. Mark Tewksbury, Olympic gold medallist

At this year's Games, there are 13 openly LGBT athletes. The number might seem small, but according to Mark Tewksbury, an Olympic gold medallist who came out of the closet several years after he won his medal, there are many more athletes who identify as part of the community in Pyeongchang.

"I promise, for every athlete that's out, there's at least one or two that aren't," Tewksbury told CBC Radio.

The COC's decision to partner with Pride House International offers a stark contrast with the U.S. Olympic delegation. Figure skater Adam Rippon and freestyle skier Gus Kenworthy, both openly gay athletes representing the U.S., have criticized the decision to have Vice President Mike Pence lead Team USA to the Olympics. Pence has often been called out for his history of undermining LGBT rights and support for conversion therapy.

"The 2018 Winter Olympic Gaymes are officially under way!" Kenworthy captioned an Instagram post of a photo of himself and Rippon "I'm so proud to be representing the LGBTQ community alongside this amazing guy! Eat your heart out, Pence."

At least now, Kenworthy, Rippon and all the other out athletes in Pyeongchang know there's a place in the Olympic Village that will welcome them with open arms - even if they are wearing another team's colours.

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Canada Steps Up To Host Pride House At Winter Olympics

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Canada House will also serve as Pride House during the PyeongChang Games after South Korean organizers failed to raise enough money to open a standalone LGBT centre in the Olympic village, CBC News reported. This will be the first Pride House in Asia, according to The Georgia Straight.

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Tegan and Sara on LGBT rights in Canada vs. the U.S. | Larry King Now | Ora.TV

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Watch the Full Larry King Now Interview Here: http://www.ora.tv/larrykingnow Musical duo Tegan and Sara maintain that Canada - from where the pair hail - is more progressive than America when it comes to gay and trans rights, in part because of the country's political system.

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Legal, surgery not required

Under Recent ruling by the Federal Government.

Sexual orientation and gender identity

Protections since 2017. Under revisions to the criminal code and under Bill C-16

Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction. Gender identity is only implicitly protected under interpretation of the law by the Canadian Human Rights Tribunal. Attempts have been made to have gender identity and gender expression added as protected classes to both the Canadian Human Rights Act and Criminal Code, though none of these attempts so far has been successful.

Provincial human rights acts are separate, but Supreme Court precedent exists for requiring provinces to protect the same classes as the Canadian Human Rights Act. At this time all provinces protect against employment discrimination on the basis of sexual orientation. Of the provinces only Ontario has explicit protection on the basis of both gender identity and gender expression in its human rights code, though several provide implicit protections on the basis of gender identity or "transsexualism" under the category of "sex" or "gender".

According to Canadian Blood Bank. Since 2016.

Health Canada changed the indefinite deferral period to a 5-year deferral, effective July 22, 2013.

Banned (indefinite deferral)

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Legal, surgery not required Under Recent ruling by the Federal Government. Sexual orientation and gender identity Protections since 2017. Under revisions to the criminal code and under Bill C-16 Federal human rights law applies directly to only federal government employment and employers which fall under federal jurisdiction.

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Same-sex sexual attraction, sexual behaviour and/or relationships have been subject to discrimination (or discriminatory attitudes, actions, regulations and laws) in many societies around the globe.

In Canada, same-sex sexual activities between consenting adults were considered crimes punishable by imprisonment before 1969. That year, the Canadian government passed an omnibus bill decriminalizing private sexual acts between two people over the age of 21 - a breakthrough in treating gay men, lesbians and bisexuals equally under the law.

Almost ten years later, in 1977, Quebec became the first jurisdiction in Canada to amend its provincial charter of human rights to include sexual orientation as a prohibited ground for discrimination.

On this page:

Legal protection

In 1996, the Canadian Human Rights Act was amended to specifically include sexual orientation as one of the prohibited grounds of discrimination. This inclusion was a clear declaration by Parliament that gay, lesbian and bisexual Canadians are entitled to "an opportunity equal with other individuals to make for themselves the lives they are able and wish to have [...]" (section 2).

The Canadian Human Rights Commission, which is responsible for monitoring the application of the Act, gives further information about human rights and sexual orientation. Complaints, progress and other activities are all included in the Commission's annual reports.

Within the Canadian Charter of Rights and Freedoms, section 15 states that every individual is to be considered equal regardless of religion, race, national or ethnic origin, colour, sex, age or physical or mental disability.

In Egan v. Canada, [1995] 2 S.C.R. 513, the Supreme Court of Canada held that although "sexual orientation" is not listed as a ground for discrimination in section 15(1) of the Charter, it constitutes an equivalent ground on which claims of discrimination may be based. In Vriend v. Alberta, [1998] 1 S.C.R. 493, the Court held that provincial human rights legislation that left out the ground of sexual orientation violated section 15(1).

In 2000, Parliament passed Bill C-23 which gives same-sex couple the same social and tax benefits as heterosexuals in common-law relationships.

The enactment of the Civil Marriage Act in 2005 marked a milestone in sexual orientation equality rights, by allowing same-sex couples to be married anywhere in Canada.

Provincial and territorial legislation

Most provinces and territories have included sexual orientation in their human rights legislation as a prohibited ground of discrimination.

Learn more about provincial and territorial human rights legislation:

Resources

A number of national organizations work to promote and protect sexual orientation rights, including the following groups:

The charity Egale Canada has contributed to advancing gay and lesbian equality issues by:

pressing for the addition of sexual orientation as a prohibited ground for discrimination under the Canadian Human Rights Act; and

intervening in front of the Supreme Court of Canada for the recognition of same-sex relationships.

The Lambda Scholarship Foundation is a non-profit organization that promotes research of gay and lesbian issues and lifestyles for the purpose of public education. Developed on the principle that sexual orientation does not matter, the organization's philosophy is to encourage non-discrimination by tearing down negative stereotypes and misconceptions.

The Welcome Friend Association provides support, training and outreach for other organizations and communities to promote awareness and understanding of the lesbian, gay, bisexual, queer and transgender (LGBQT) community. They provide youth camps, events and fundraisers, seminars and have other resources easily available for anyone to use.

PFLAG Canada provides support, education and resources on issues of sexual orientation and gender identity. It assists in the recognition and growth of gay, lesbian, bisexual, transgender, transsexual, two-spirit, intersex, queer and questioning persons and their families in Canada.

Canada also supports the human rights of LGBTI persons on the international stage.

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Learn more about the development of LGBTI rights, and how these rights are protected within Canada and internationally.

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"Sexual orientation discrimination is a subset of sex discrimination because sexual orientation is defined by one's sex in relation to the sex of those to whom one is attracted," a 10-3 opinion issued by the 2nd US Circuit Court of Appeals stated.

The ruling is a loss for the Trump administration, which had argued that Congress did not mean Title VII to extend to claims of sexual orientation.

The court, based in New York, becomes the second appeals court to rule that the civil rights law covers discrimination based on sexual orientation. Last year, the 7th Circuit Court of Appeals issued a similar ruling.

The ruling means that employees in those two circuits can use existing civil rights law to sue for discrimination based on sexual orientation.

It is a victory for the estate of Donald Zarda, a skydiving instructor who died before trial but his estate had continued his suit.

"Now two courts have ruled emphatically that we are right," said Gregory Nevins of Lambda Legal, who filed briefs in support of Zarda. "This is a big win, and we hope for a national ruling in the future."

The case stems from 2010, when Zarda was an Altitude Express instructor for Rosanna Orellana. Zarda's role was to be tied to the back of Orellana, deploy the parachute and supervise the jump. According to court papers, at some point Zarda informed Orellana that he was gay. After the jump, Orellana's boyfriend learned that Zarda had disclosed his sexual orientation and called Altitude Express with various complaints about Zarda's behavior. Zarda was fired.

The company contended that Zarda was fired for failing to provide an enjoyable experience to customers. Zarda asserted that his actions were appropriate and he was fired because of his sexuality. He filed a complaint with the Equal Employment Opportunity Commission alleging sex discrimination in violation of Title VII.

The case was unusual, since the EEOC supported Zarda, while the Justice Department was on the other side.

"The EEOC is not speaking for the United States," Justice Department lawyers said in their brief.

After the ruling, Justice spokesman Devin O'Malley issued a statement saying the department is "committed to protecting the civil and constitutional rights of all individuals" but that it is dedicated "to the fundamental principle that the courts cannot expand the law beyond what Congress has provided."

Saul D. Zabell, an attorney for Altitude Express, said he has not decided whether to appeal the case to the Supreme Court.

He said that while his clients recognize that sexual orientation needs to be protected under the law, a jury in the case found that Zarda had not been terminated because of his sexual orientation but instead it was based on his inappropriate behavior.

Coming more than two years after the Supreme Court cleared the way for same-sex marriage, government lawyers wrote in briefs that "to be sure," there have been "notable changes in societal and cultural attitudes about such discrimination," but they insisted that Congress has "consistently" declined to amend Title VII in light of those changes.

They said that even changes in societal attitudes "do not present courts with a license to rewrite a constitutionally valid statutory text under the banner of speculation about what Congress might have done to implement a clear statute's policy objectives."

Lawyer Gregory Antollino and the LGBT rights group Lambda Legal argued in support of Zarda's estate.

"If you discriminate on the basis of sexual orientation, you necessarily take into account the sex of the employee," said Antollino. "You can't take the 'sex' out of 'sexual orientation.' "

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civil rights law protects claims of employment discrimination based on sexual orientation - cnnpolitics

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Ariane de Vogue, CNN Supreme Court Reporter

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Civil Rights Law protects claims of employment discrimination based on sexual orientation

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"Sexual orientation discrimination is a subset of sex discrimination because sexual orientation is defined by one's sex in relation to the sex of those to whom one is attracted," a 10-3 opinion issued by the 2nd US Circuit Court of Appeals stated.