Canada lgbtq law

Bill C-4: An Perform to amend the Criminal Code (conversion therapy)

Tabled in the House of Commons, December 6, 2021

Explanatory Note

Section 4.2 of the Department of Justice Act requires the Minister of Justice to equip a Charter Expression for every government bill to support inform public and Parliamentary debate on government bills. One of the Minister of Justice’s most important responsibilities is to examine legislation for inconsistency with the Canadian Charter of Rights and Freedoms [“the Charter”]. By tabling a Charter Statement, the Minister is sharing some of the key considerations that informed the review of a bill for inconsistency with the Charter. A Statement identifies Charter rights and freedoms that may potentially be engaged by a bill and provides a little explanation of the nature of any engagement, in brightness of the measures being proposed.

A Charter Statement also identifies potential justifications for any limits a bill may impose on Charter rights and freedoms. Section 1 of the Charter provides that rights and freedoms may be subject to reasonable limits if those limits are prescribed by law and demonstrably justified in a free and democratic society.

A proud
record ofFighting Together
for 2SLGBTQI+ Rights

1967

“There’s no place for the state in the bedrooms of the nation.” – Pierre Elliott Trudeau

1969

Homosexuality is decriminalized across Canada.

1982

The Canadian charter of rights and freedoms is enacted, protecting all Canadians from discrimination.

1996

Sexual orientation is explicitly added to the Canadian Human Rights Act as prohibited grounds of discrimination.

2005

Equal marriage bill passed by Parliament and becomes law from coast to coast to coast.

and there’s much more to do

2016

  • Federal legislation introduced to shield trans* rights and block discrimination based on gender identity.
  • Justin Trudeau becomes the first Canadian Prime Minister to march in a Pride Parade.
  • Justin Trudeau and MPs raised the Movement Flag on Parliament Hill for the first time.

2017

  • Justin Trudeau makes a formal apology on behalf of the Government of Canada to 2SLGBTQI+ Canadians who have been wronged by federal legislation, policies, and practices.
  • The Liberal government passes legislation to permanently ruin records of convictions involving consensual sexual acti

    The human rights of sapphic, gay, bisexual, transgender, homosexual, 2-spirit and intersex persons

    Canada stands up for the protection and promotion of the human rights of lesbian, gay, bisexual, transsexual , queer, 2-spirit and intersex (LGBTQ2I) people globally.

    The human rights of all persons are universal and indivisible. Everyone should enjoy the same fundamental human rights, regardless of their sexual orientation and their gender identity and expression.

    Article 1 of the Universal Proclamation of Human Rights declares that “all human beings are born free and equal in dignity and rights.” Article 2 declares, “Everyone is entitled to all the rights and freedoms set forth in this Declaration.” All people, including LGBTQ2I individuals, are entitled to enjoy the protection provided by international human rights law, which is based on equality and non-discrimination.

    Nearly 30 countries, including Canada, recognize homosexual marriage. By contrast, more than 70 countries still criminalize consensual same-sex manner. This includes 6 countries that effectively impose the death penalty on consensual same-sex sexual acts. In 6 other countries, the death penalt
    canada lgbtq law

    Compare LGBT Rights in Canada & Combined States

    Equality Index?

    79 / 100

    70 / 100

    Legal Index ?

    95 / 100

    83 / 100

    Public Opinion Index ?

    62 / 100

    56 / 100

    Homosexual activityLegal
    Since 1969Legal
    Since 2003Same-sex marriageLegal
    Since 2005Legal
    Since 2015Censorship of LGBT issuesNo censorshipVaries by Region
    Since 1987Right to change legal genderLegal, no restrictions
    Since 2017Varies by Region
    Since 2025Gender-affirming careLegal
    Since 2025Varies by Region
    Since 2021Legal recognition of non-binary genderRecognized
    Since 2019Recognized
    Since 2025LGBT discriminationIllegal
    Since 2017Varies by Region
    Since 2015LGBT employment discriminationSexual orientation and gender identity
    Since 2017Sexual orientation and gender identity
    Since 2020LGBT housing discriminationSexual orientation and gender identity
    Since 2015Varies by RegionSame-sex adoptionLegal
    Since 2011Legal
    Since 2017Intersex infant surgeryNot bannedNot bannedServing openly in militaryLegal
    Since 1992Lesbians, gays, bisexuals permitted, transgender people b

    Serious Legal Problems faced by Lesbian, Gay, Bisexual, and Other Sexual-Minority People in Western Canada: A Qualitative Study

    Background

    Since the partial decriminalization of private same-sex sexual activity between two consenting adults in Canada in 1969, lesbian, gay, attracted to both genders, queer, and other sexual-minority people have gained a variety of legal rights through Canada’s justice system. Prior to 1969, gay sexual activity between consenting adults was criminalized and could lead to indefinite imprisonment of those who engaged in these activitiesFootnote 1Footnote 2Footnote 3. Sexual-minority people were targeted, fired from public service jobs, and subjected to police surveillance and harassment, including raids on queer spaces, such as bars and bathhouses, for over three decades.Footnote 1Footnote 2Footnote 4Footnote 5.

    While progress has been marginal, strides have been made towards greater legal protections and equity for sexual minorities in Canada, including the introduction of human rights and anti-discrimination protections, the removal of the ban on sexual-minority people serving in Canada’s military, improved spousal and parental ri