LGBT Rights in Canada

Homosexuality
⚢
✔ Legal
Marriage
⚭
✔ Legal
Changing Gender
✔ Legal, surgery not required
Adoption
✔ Legal
Discrimination
✔ Illegal
Housing Discrimination
✔ Sexual orientation and gender identity
Employment Discrimination
✔ Sexual orientation and gender identity
Military
✔ Legal
Age of Consent
✖ Unequal
Donating Blood
✖ Banned (1-year deferral)
Conversion Therapy
Varies by Region

Public Opinion

"Should Society Accept Homosexuality?"

Canada ranks #3 out of 39 countries surveyed. (Source: Pew Research Center, June 4, 2013)

(14%) No

Yes (80%)

History

Homosexual activity in Canada

Current status
(since May 14, 1969)

Legal

Canada decriminalizes homosexuality with the introduction of the Criminal Law Amendment Act, 1968-69.

Details · Accurate? Yes No

Jul 1, 1867–May 14, 1969

Illegal (imprisonment as punishment)

Indefinite Imprisonment as "Dangerous Sex Offender" - origin of law was included from confederation in 1867.

Details · Accurate? Yes No

Same-sex marriage in Canada

Current status
(since Jul 20, 2005)

Legal

Same-sex marriage in Canada became legal with The Civil Marriage Act.

Details · Accurate? Yes No

Right to change legal gender in Canada

Current status
(since Jan 1, 2014)

Legal, surgery not required

Under Recent ruling by the Federal Government. Missing non binary options on documents.

Details · Accurate? Yes No

Until Jan 1, 2014

Varies by Region

Legal gender change has many different contexts within Canada. Birth certificate is arguably the most recognized authoritative statement of gender. Changes to this document are regulated province by province. Some require proof of surgery for a certificate change, others require a psychologist's statement. For citizens born outside of Canada, recognition is at the federal level in the form of changes to one's certificate of Canadian citizenship and/or passport which at present requires proof of surgery to obtain.

Details · Accurate? Yes No

Same-sex adoption in Canada

Current status
(since May 25, 1995)

Legal

Details · Accurate? Yes No

LGBT discrimination in Canada

Current status
(since Jan 1, 2017)

Illegal

Bill C-16 amended the Canadian Human Rights Act to add gender identity and gender expression to the list of prohibited grounds of discrimination.

Details · Accurate? Yes No

Apr 17, 1985–Jan 1, 2017

Illegal in some contexts

Non-inclusion of Gender Identity in Charter.

Details · Accurate? Yes No

Apr 17, 1985–Jul 14, 2018

Illegal

just passed gender identity and expression protection. under Bill C-16 makes it illegal to spread hate propaganda. discrimination and hate speech high for aboriginals and lgbt communities.

Details · Accurate? Yes No

LGBT housing discrimination in Canada

Dec 7, 2015–Apr 12, 2018

Sexual orientation and gender identity

“Gender identity and gender expression” were added by Bill 7, the Alberta Human Rights Amendment Act which received royal assent in 2015.

Details · Accurate? Yes No

Current status

Sexual orientation and gender identity

Housing and tenancy typically falls under provincial jurisdiction.

Details · Accurate? Yes No

LGBT employment discrimination in Canada

Current status
(since Jun 1, 2017)

Sexual orientation and gender identity

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

Details · Accurate? Yes No

Jun 1, 1996–Jan 1, 2017

Sexual orientation only

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".

Details · Accurate? Yes No

Homosexuals serving openly in military in Canada

Current status
(since Oct 10, 1992)

Legal

LGBT soldiers are permitted to serve in the Canadian military.

Details · Accurate? Yes No

Equal age of consent in Canada

Current status
(since May 1, 2008)

Unequal

The age of consent in for anal sex in Canada is 18, whereas the age of consent for acts of sex is 16.

Details · Accurate? Yes No

May 1, 2008–Sep 18, 2018

Unequal

Age of consent equalization pending. under bill C-75 pending.

Details · Accurate? Yes No

Blood donations by MSMs in Canada

Current status
(since Aug 2016)

Banned (1-year deferral)

Health Canada approved Canadian Blood Services’ proposal to reduce the blood donation ineligibility period for men who have sex with men from five years to one year.

Details · Accurate? Yes No

May 12, 2015–Sep 7, 2018

Banned (1-year deferral)

According to Canadian Blood Bank. Since 2016. Prime minister Justin Truedau is trying to get this legalized.

Details · Accurate? Yes No

Jul 22, 2013–Aug 2016

Banned (5-year deferral)

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

Details · Accurate? Yes No

Sep 26, 1998–Jun 22, 2013

Banned (indefinite deferral)

Details · Accurate? Yes No

Conversion therapy in Canada

Current status

Varies by Region

Conversion therapy in Canada is not yet banned at a Federal level and many ex-gay organizations and groups who endorse conversion/reparative therapy continue to operate as registered charities. Some provinces have made gestures or passed laws to make conversion therapy illegal both for sexual orientation and gender identity.

Details · Accurate? Yes No