Identity

This section has links to websites, legislation and Canadian case law that deal with issues of colour, race, religion, ethnic origin and/or sexual orientation.

EGALE Canada

Link: http://www.egale.ca/

Description: Egale Canada is a national organization that advances equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada. This website has links to education surveys, controversial new government legislation, safe school campaigns, among many others.

Click here to go to website.


The Canadian Charter of Rights and Freedoms

Link: http://www.efc.ca/pages/law/charter/charter.text.html

Description: A bilingual website with links to government publications such as Hansard debates, current Bills in the Senate and House of Commons, current standing orders, and so on.

Click here to go to website.


Criminal Code ( R.S., 1985, c. C-46 )

Link: http://laws-lois.justice.gc.ca/eng/

Description: In particular, inciting hate against an identifiable group, which means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation (ss. 318, 319 and 718.2).

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Board of School Trustees of School District No.44 (North Vancouver) Respondent (Petitioner) and Azmi Jubran, Appellant (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=homosexual+school&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/bc/bcca/doc/2005/2005bcca201/2005bcca201.html

Description: This appeal raises difficult and important questions of interpretation of British Columbia's human rights legislation, the Human Rights Code, R.S.B.C. 1996, c. 210 (the "Code"). Must a person who complains of discriminatory harassment on the basis of sexual orientation actually be homosexual or perceived by his harassers to be a homosexual? Is a School Board responsible where the conduct of students violates the Code? The issues arise in the context of homophobic bullying in a public school.

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Christopher Stephen Myles Kempling (Appellant) and The British Columbia College of Teachers (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=homosexual+school&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/bc/bcca/doc/2005/2005bcca327/2005bcca327.html

Description: This appeal raises a question of the administrative and constitutional validity of disciplinary proceedings taken against a teacher in the provincial school system for statements made publicly about homosexuality.

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Stephanie Brenda Bruker (Appellant) and Jessel (Jason) BenJamin Marcovitz (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=rabbinical+law&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/scc/doc/2007/2007scc54/2007scc54.html

Description: The parties were married in 1969. Divorce proceedings were commenced in 1980 and three months later, the parties negotiated a Consent to Corollary Relief. Clause 12 of the agreement stated that the parties agreed to appear before the rabbinical authorities to obtain a Jewish divorce, or get, immediately upon the granting of the divorce. The civil divorce became final in 1981, when the husband, M, was 48 and the wife, B, was 31.

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Her Majesty the Queen (Respondent) and N.S. (Applicant) And M---D. S. (Respondent) And M---L. S. (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=niqab&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onsc/doc/2009/2009canlii21203/2009canlii21203.html

Description: The Applicant requests two orders. The first quashes an order of Judge Weisman made October 16, 2008, during the course of a preliminary inquiry, requiring the Applicant to remove her veil during her testimony. The second requests an order permitting the Applicant to wear her veil when testifying at the preliminary inquiry in this matter. The first request was granted. The second was refused.

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Justin Schleppe (Complainant) and Terry Jones Bex, Atilla Pircher Kapus, and The Prism Lounge...(Respondents)

Link: http://www.canlii.org/eliisa/highlight.do?text=gender+prejudice&language=en&searchTitle=Advanced+Search&path=/en/bc/bchrt/doc/2009/2009bchrt146/2009bchrt146.html

Description: On December 8, 2008, Justin Schleppe filed a complaint against Terry Jones Bex, Atilla Pircher Kapus and “The Prism Lounge – now the ‘Paparazzi Club’”. The complainant self-identifies as “Justin Schleppe AKA: Jenna … a humble T-gUrl”. As the complainant’s gender identity was somewhat unclear on the materials, and in an effort to be respectful to all parties, the Tribunal Member referred to “the complainant” as such in the decision, thus attempting to avoid gendered pronoun references wherever possible. The complaint involves alleged discrimination by the two individual respondents, and the Lounge, which they operate, and at which the complainant was employed. The complainant alleges that the respondents discriminated on the basis of sex in employment, contrary to s. 13 of the Human Rights Code.

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Shoaib Ahmad Nasin (Plaintiff) and Yegana Nasin (Defendant)

Link: http://www.canlii.org/eliisa/highlight.do?text=rabbinical+law&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ab/abqb/doc/2008/2008abqb219/2008abqb219.html

Description: They were married according to Muslim tradition and culture. During the time of their marriage they accumulated property the division of which is the subject of this trial. They disagree about what comprises the matrimonial property, what exemptions apply and how it should be divided. In particular, the evidence disclosed that there were a number of Muslim traditions concerning payment for events leading up to the marriage.

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Connie Heintz (Complaintant) and Christian Horizons (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=rabbinical+law&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onhrt/doc/2008/2008hrto22/2008hrto22.html

Description: In March 1995, the complainant, Ms. Connie Heintz, began employment as a support worker at a community living residence operated by Christian Horizons in Waterloo, Ontario.[2] Christian Horizons is a not-for-profit corporation which self-identifies as an Evangelical Christian ministry. It operates over 180 residential homes across Ontario, In providing this care and support, it is funded almost exclusively by the Ontario Ministry of Community and Social Services.

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Amina Mohamed, Suldana hagi abucar...(Complaintant) and UPS Canada Ltd.(Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=gender+prejudice&language=en&searchTitle=Advanced+Search&path=/en/ca/chrt/doc/2008/2008chrt19/2008chrt19.html

Description: The Complainants in this case have alleged that the Respondent discriminated against them on the basis of their religion by refusing to hire them or terminating their employment because they would not shorten the length of their skirts and/or wear pants on the job. The Complainants are devout practicing Muslim women. They cover their bodies, by among other things, wearing a long skirt and a headscarf. The original complaint form alleges discrimination on the basis of religion only. The Commission seeks to add discrimination on the basis of sex to the complaint.

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Her Majesty the Queen and Mohammedreza Gholamrezazdehshirazi

Link: http://www.canlii.org/eliisa/highlight.do?text=Muslim+&language=en&searchTitle=Advanced+Search&path=/en/ab/abpc/doc/2008/2008abpc198/2008abpc198.html

Description: Mohammedreza Gholamrezazdehshirazi pleaded guilty to Criminal Code offences: aggravated assault contrary to s. 268, and conveying death threats contrary to s. 264.1(1)(a) against a dentist. Mr. Gholamrezazdehshirazi had expressed strong hatred toward Muslims and assumed that the dentist was a Muslim. When he was arrested, he told an officer that Muslims had to worry about him because they had taken away his land and country.

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Mohamed Elmasry, on Behalf of Muselim Residents...and Naiyer Habib (Complaintants) and Roger's Publishing LTD. and Ken Macqueen(Respondents)

Link: http://www.canlii.org/eliisa/highlight.do?text=Muslim+&language=en&searchTitle=Advanced+Search&path=/en/bc/bchrt/doc/2008/2008bchrt378/2008bchrt378.html

Description: Dr. Mohamed Elmasry, on behalf of all Muslim residents of British Columbia, and Dr. Naiyer Habib, each filed a complaint with the Tribunal. Dr. Elmasry is the National President of the Canadian Islamic Congress and Dr. Habib is a cardiologist from Abbotsford, British Columbia. The complaints relate to an article written by Mark Steyn and published by Roger’s Publishing Ltd. and its publisher Ken MacQueen, in the October 23, 2006 edition of Maclean’s magazine (the “Article”).

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Her Majesty the Queen (Crown) and Christopher Peter Geoghegan (Accused)

Link: http://www.canlii.org/eliisa/highlight.do?text=hate+crime&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ab/abpc/doc/2005/2005abpc255/2005abpc255.html

Description: The accused is charged with unlawfully and wilfully disturbing an assemblage of persons for religious worship. An organization called the Concerned Christian’s Coalition, now called Concerned Christian’s Canada, was holding its annual meeting at the Coast Plaza Hotel in Calgary on April 17, 2004.

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Her Majesty the Queen (Appellant) and Mark Elms (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=hate+crime&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onsc/doc/2005/2005canlii24759/2005canlii24759.html

Description: Mark Elms was charged with 15 counts of wilfully promoting hatred against identifiable groups, i.e., Jews, Blacks, Hispanics, East Asians and Muslims. These charges arise from his offering for sale certain compact audio discs, the covers of which and lyric sheets within which contained song titles and lyrics conceded by the defence to promote hatred against these identifiable groups contrary to s.319(2) of the Criminal Code.

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Clemente Carrillo Garcia (Applicant) and The minister of Citizenship and Immigration (Respondent)

Link: http://www.canlii.org/eliisa/highlight.do?text=hate+crime&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/fct/doc/2005/2005fc807/2005fc807.html

Description: Clemente Carrillo Garcia is a citizen of Mexico. The Refugee Protection Division of the Immigration and Refugee Board accepted that Mr. Garcia had been subjected to acts of verbal abuse and sexual violence at the hands of the police in his home town of Ruiz, because of his sexual orientation. The Board also accepted that while he was living in Puerto Vallarta, two police officers regularly extorted money from him, because he is gay. The Board nevertheless rejected Mr. Garcia's refugee claim, finding that he had an internal flight alternative (or "IFA") in Mexico City.

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Hall (Litigation Guardian of) V. Powers et al

Link: http://www.canlii.org/eliisa/highlight.do?text=Marc+Hall&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/on/onsc/doc/2002/2002canlii49475/2002canlii49475.html

Description: The plaintiff is a Roman Catholic 17-year-old Oshawa high school student currently attending Grade 12 at Monsignor John Pereyma Catholic Secondary School. This has been his school since Grade 9 and, prior to that, he attended a Catholic elementary and junior high school. Mr. Hall has identified himself to his parents, his friends and his school peers as having a homosexual orientation.

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R. V. Cran

Link: http://www.canlii.org/eliisa/highlight.do?text=hate+crime&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/bc/bcsc/doc/2005/2005bcsc171/2005bcsc171.html

Description: Mr. Cran was involved in the death of Aaron Webster. The Court found that Mr. Cran was a member of a group that came upon and pursued Mr. Webster, that he participated in beating Mr. Webster with a weapon, that he did not strike the fatal blow to the chin or the neck, that he stopped beating Mr. Webster before J.S. and A.C. did, but he was still in the area of the car while more blows were struck. He then ran from the scene with the others, leaving Mr. Webster on the ground where he died shortly thereafter. The evidence before me at trial was that some of the group had had a great deal to drink, but J.S. testified that Ryan Cran was the most sober.

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