Chapter

The Canadian Charter of Rights and Freedoms: Sexual Orientation under Section 15(1)

Robert Wintemute

in Sexual Orientation and Human Rights

Published in print July 1993 | ISBN: 9780198264880
Published online March 2012 | e-ISBN: 9780191682841 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264880.003.0006

Series: Sexual Orientation and Human Rights

The Canadian Charter of Rights and Freedoms: Sexual Orientation under Section 15(1)

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The Canadian Supreme Court, at the time of writing this book, had yet to decide a case of sexual orientation discrimination under the Canadian Charter of Rights and Freedoms and Section 15(1). In 1969, following the lead of England and Wales in the Sexual Offences Act 1967 and using very similar language, Canada amended the Criminal Code provisions dealing with so-called ‘buggery’ (which applied to both same-sex and opposite-sex anal intercourse) and ‘gross indecency’ (which applied to sexual acts between any two persons, and therefore potentially to all sexual activity between men or between women, and to opposite-sex oral intercourse). This chapter examines the criteria that should be used to identify ‘analogous grounds’ of discrimination under Section 15(1) and looks at two potential criteria: analogous grounds as either ‘immutable statuses’ or ‘fundamental choices’.

Keywords: Canada; Sexual Offiences Act; Canadian Supreme Court; sexual orientation discrimination; sexual orientation; analogous grounds; buggery; gross indecency; same-sex couple

Chapter.  13643 words. 

Subjects: Human Rights and Immigration

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