October is recognized internationally as LGBTQ History Month, an opportunity to learn about the history, contributions, and influence of 2SLGBTQI+ people and their communities! Throughout October, we have been sharing select moments in Canadian history that have specifically impacted 2SLGBTQI+ immigration.
These moments have shaped Canada’s social, political, and legal landscape, resulting in greater understanding of the unique legal challenges faced by 2SLGBTQI+ individuals and increased visibility of these identities within Canada’s immigration and refugee law system.
Here is a quick breakdown of the selection of historical moments that we highlighted this month:
(1) April 1, 1978: A new Immigration Act came into force, which removed language from the previous version of the Act that excluded individuals from immigrating to Canada based on ‘sexual deviance,’ which included homosexuality.
(2) June 30, 1993: The Supreme Court of Canada issued its landmark Canada (Attorney General) v Ward decision, which confirmed that persecution based on sexual orientation falls under the protection of the Refugee Convention.
(3) May 1995: In Egan v Canada, the Supreme Court found that section 15 of the Charter, which guarantees the “right to the equal protection and equal benefit of the law without discrimination,” should include sexual orientation.
(4) May 24, 1995: Ontario became the first province to allow same-sex couples to adopt children
(5) May 19, 1999: The Supreme Court issued the M v H decision, found that the exclusion of same-sex couples from the definition of common law spouse violated the equality provision of the Charter, and that the exclusion of same-sex couples promoted the view that they were less worthy of recognition and protection.
(6) June 28, 2002: The new Immigration and Refugee Protection Act and accompanying Regulations expanded the family class to incorporate common law and conjugal partners, which meant that for the first time in Canadian immigration history, 2SLGBTQI+ individuals were able to sponsor their same-sex partners.
(7) 2005: The Among Friends program was launched as a pilot program for LGBTQI+ refugees at The 519 Community Centre, a vibrant hub of advocacy and support for LGBTQI+ communities that has been driving social change and championing inclusivity in Toronto since 1975. Among Friends remains one of the largest programs in operation at The 519 today!
(8) 2006: Rainbow Railroad, a non-profit organization that helps at-risk LGBTQ+ individuals get to safety worldwide, was founded in Battista Migration Law Group’s boardroom!
(9) 2017: The Immigration and Refugee Board (IRB) published Guideline 9 – “Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics” – which promotes greater understanding of cases involving sexual orientation, gender identity, and gender expression, and the particular challenges that 2SLGBTQI+ individuals face in making claims before the IRB.
While each of these moments represents a positive step forward for 2SLGBTQI+ people in the context of Canadian immigration and refugee law, queer and gender diverse people continue to face specific challenges in navigating Canada’s immigration system. The rise in anti-2SLGBTQI+ legislation all over the world exemplifies how the discrimination, violence, and stigma faced by our community is ever-present.
2SLGBTQI+ History Month presents an opportunity to celebrate the positive developments for the legal rights of queer and gender diverse, and, further, to strategize and reflect on how to continue to fight for systemic change within the immigration system and other government systems at large.
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