Gay rights in Canada
| LGBT rights in Canada | |
|---|---|
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|
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| Same-sex sexual activity legal? | Legal since 1969; unequal age of consent for anal sex (regardless of gender) found discriminatory by some provincial courts |
| Gender identity/expression | Change of legal sex available in all provinces and territories (under varying rules without sexual reassignment surgery). |
| Military service | LGBT people allowed to serve openly since 1992 |
| Discrimination protections | Sexual orientation since 1996 and gender identity or expression since 2017 explicitly protected nationwide. (see below) |
| Family rights | |
| Recognition of relationships |
Same-sex marriage nationwide since 2005 |
| Adoption | Legal nationwide (specifics may vary between provinces and territories) |
Lesbian, gay, bisexual, and transgender (LGBT) rights in Canada are some of the most advanced in the Americas and in the world. During the British North American era, same-sex sexual activity between men was a capital crime and resulted in the death penalty, however, there is no surviving record of any executions and political figures were reluctant to enforce the law. The death penalty was eventually repealed and a broader law involving gross indecency between men was often enforced in the late 19th century. During the early to mid 20th-century, the law often portrayed homosexual men as sex offenders until the infamous court case of Everett George Klippert, who admitted to having sex with multiple men, resulted in his life imprisonment. Same-sex sexual activity between consenting adults was soon decriminalized in 1969 as a result of legislation introduced in 1967, with then-Justice Minister and Attorney General of Canada Pierre Trudeau (who eventually became the 15th Prime Minister of Canada) famously commenting, "There's no place for the state in the bedrooms of the nation."
Although same-sex couples began being granted domestic partnerships similar to that of married opposite-sex couples, same-sex marriage was already legalized in eight of ten provinces and one of three territories beginning in 2003. On July 20, 2005, Canada became the first country outside Europe and the fourth country in the world to legalize same-sex marriage nationwide after the enactment of the Civil Marriage Act. Same-sex adoption has also been legal in all provinces and territories under varying rules. Discrimination on the basis of sexual orientation and gender identity or expression in employment, housing and public and private accommodations is banned nationwide. Transgender people are allowed to change their legal gender in all provinces and territories under varying rules. Under section 159 of the Criminal Code the age of consent for anal sex is currently unequal at 18 for both homosexuals and heterosexuals whilst oral sex and vaginal sex remains at 16, which has been found discriminatory by many political figures, publications, provincial and federal courts. On November 15, 2016, the Minister of Justice, Jody Wilson-Raybould, introduced a bill to repeal section 159 of the Criminal Code.
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