Canada’s second largest province, Quebec, amended its Charter of Human Rights and Freedoms to add lesbians and gays to the list of those persons protected, thus becoming the first jurisdiction in North America to protect its citizens against discrimination in employment, housing, and public accommodation on the basis of sexual orientation.
In 1975, the province of Quebec, Canada, passed legislation establishing its Charter of Human Rights and Freedoms. At this time, the separatist Parti Québécois
Soon, however, the political climate in Montreal changed dramatically, responding to numerous bathhouse raids
In July, 1977, the Human Rights Code review committee’s report, Life Together,
Public opinion began to turn again in October, 1977, when police raided Truxx, a popular Montreal bathhouse. That night, 138 men were arrested, and there were allegations of police brutality at the next night’s protests.
The PQ, known for its progressive image, feared that angry community response and widespread condemnation of the raid and subsequent police action would cause unwelcome publicity. As a result, the ADGQ secured a commitment from the Quebec Human Rights Commission to recommend a sexual orientation amendment to the charter, a gesture the government immediately embraced. Acting without hesitation, PQ minister Marc-André Bédard introduced Bill 88 on December 7, 1977, which added a sexual orientation amendment to the charter. To avoid publicity, the PQ rushed the bill through the legislative process. It was passed immediately after its final reading, ten minutes before midnight on December 15, 1977. Bill 88 was signed into law four days later, without fanfare, making Quebec the first jurisdiction in North America to pass human rights legislation prohibiting discrimination on the basis of sexual orientation.
The impact of the legislation would not be seen for many years. It is ironic that the early victories of the ADGQ would slow the advancement of gay and lesbian rights in Quebec. This came about for three important reasons.
First, almost immediately after the passage of the amendment to the code, the effectiveness of the law was challenged. In November, 1977, just after the Truxx raid and before the amendment of the Charter of Human Rights and Freedoms, the ADGQ had requested a room rental from the school board. The Commission des Ecoles Catholiques de Montreal (CECM, or Montreal Catholic School Commission) had refused. In a deliberate test of the new provisions, one month later, the ADGQ again requested a room from the school board. At first, the board agreed to rent the room but two months later reneged on its decision citing its effects on the education of children. The ADGQ immediately filed a complaint with the CDPQ; a CDPQ inquiry found that the school board’s action was discriminatory. However, the CDPQ commissioners disagreed. They called for exceptions to the provision, explaining that discrimination could be justified by, among other things, the religious and educational goals of a nonprofit organization.
Second, and surprisingly, the impact of the Quebec charter on other provincial governments was minimal. All other provinces ignored the historic legal change in Quebec and none chose to follow suit. Even in Atlantic Canada, where Halifax’s Gay Alliance for Equity organized to support a similar amendment throughout the 1970’s and early 1980’s, Nova Scotia’s laws remained unchanged.
Third, the ADGQ did not maintain its established political power in Quebec, and it eventually disbanded in the mid-1980’s. Furthermore, the ADGQ did not provide an organizational base for Quebec’s other ongoing gay rights organization. Aside from AIDS organizing, state-directed lesbian-and-gay rights activism did not occur during the 1980’s. The true exemplary impact of the Quebec charter’s sexual orientation clause was clearly seen when the Canadian Charter of Rights and Freedoms adopted a similar provision in Ottawa in 1982. The time had come.
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Charter of Human Rights and Freedoms, Quebec. http://www.canlii.org/qc/laws/sta/c-12/20050513/whole.html. -
Lahey, Kathleen A. Are We “Persons” Yet? Law and Sexuality in Canada. Buffalo, N.Y.: University of Toronto Press, 1999. -
MacDougall, Bruce. Queer Judgements: Homosexuality, Expression, and the Courts in Canada. Buffalo, N.Y.: University of Toronto Press, 2000. -
McLeod, Donald W. Lesbian and Gay Liberation in Canada: A Selected Annotated Chronology, 1964-1975. Toronto, Ont.: ECW Press/Homewood Books, 1996. -
Smith, Miriam. Lesbian and Gay Rights in Canada: Social Movements and Equality Seeking, 1971-1999. Buffalo, N.Y.: University of Toronto Press, 1999. -
Warner, Tom. Never Going Back: A History of Queer Activism in Canada. Buffalo, N.Y.: University of Toronto Press, 2002.
1972-1973: Local Governments Pass Antidiscrimination Laws
June 21, 1973: U.S. Supreme Court Supports Local Obscenity Laws
August, 1973: American Bar Association Calls for Repeal of Laws Against Consensual Sex
1977: Anita Bryant Campaigns Against Gay and Lesbian Rights
November 27, 1978: White Murders Politicians Moscone and Milk
November 6, 1984: West Hollywood Incorporates with Majority Gay and Lesbian City Council
December 4, 1984: Berkeley Extends Benefits to Domestic Partners of City Employees
April, 2003: Buenos Aires Recognizes Same-Gender Civil Unions