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2SLGBTQIA+ History and Identities in Canada

Prime Minister Justin Trudeau Issues Apology on by the Federal Government on November 28, 2017

Photograph

Prime Minister Justin Trudeau speaking at a podium.

Prime Minister Justin Trudeau speaking at a podium.

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Activities

Do

Refer to the “We Demand” manifesto to identify rights that remained protected by the 1969 Omnibus Bill.


Think

What is meant by the term “zombie laws” in this context? Find some examples to guide your thinking.


Details

Date 2017
Object Origin Central
Materials
  • Photograph
Credit / Object Number Adrian Wyld, The Canadian Press

Historical Context

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  • On November 28, 2017, Prime Minister Justin Trudeau rose in the House of Commons to offer an apology, on behalf of the federal government, for policies and legislation that discriminated against 2SLGBTQIA+ communities.
  • The apology came with legislation that provided a process for 2SLGBTQIA+ people previously convicted of specific criminal offences to apply to have their criminal convictions expunged (erased), and all documentation of the original conviction destroyed.
  • The legislation did not cover all historical convictions, and many 2SLGBTQIA+ leaders continue to fight for change.

  • On November 28, 2017, Prime Minister Justin Trudeau rose in the House of Commons to offer an apology, on behalf of the federal government, for policies and legislation that discriminated against 2SLGBTQIA+ communities.
  • The apology came with legislation that provided a process for 2SLGBTQIA+ people previously convicted of specific criminal offences to apply to have their criminal convictions expunged (erased), and all documentation of the original conviction destroyed.
  • The legislation did not cover all historical convictions, and many 2SLGBTQIA+ leaders continue to fight for change.

Summary

  • On November 28, 2017, Prime Minister Justin Trudeau rose in the House of Commons to offer an apology, on behalf of the federal government, for policies and legislation that discriminated against 2SLGBTQIA+ communities.
  • The apology came with legislation that provided a process for 2SLGBTQIA+ people previously convicted of specific criminal offences to apply to have their criminal convictions expunged (erased), and all documentation of the original conviction destroyed.
  • The legislation did not cover all historical convictions, and many 2SLGBTQIA+ leaders continue to fight for change.

Essential

On November 28, 2017, Prime Minister Justin Trudeau rose in the House of Commons to offer an apology, on behalf of the federal government, for policies and legislation that discriminated against 2SLGBTQIA+ communities.

It covered policies as wide-ranging as the “LGBT Purge” in the Canadian military and public service, to Criminal Code provisions criminalizing 2SLGBTQIA+ sexuality and partnerships. It also promised legislation to erase past criminal convictions, while also eliminating discriminatory provisions in the Criminal Code.

Under the ensuing legislation, 2SLGBTQIA+ people convicted of criminal offences under certain provisions of the Criminal Code could apply to have their criminal convictions expunged (erased), and all documentation of the original conviction destroyed.

Although many welcomed the legislation, others pointed out that several historical charges and provisions remained in force. People in Canada convicted in raids on bathhouses, for example, were not eligible under the legislation.


In-Depth

On November 28, 2017, Prime Minister Justin Trudeau rose in the House of Commons to offer an apology, on behalf of the federal government, for “Canada’s role in the systemic oppression, criminalization and violence against the lesbian, gay, bisexual, transgender, queer and two-spirit communities.”

The statement covered policies as wide-ranging as the “LGBT Purge” in the Canadian military and public service to Criminal Code provisions criminalizing 2SLGBTQIA+ sexuality and gender expression. It also promised legislation to expunge past criminal convictions, while also eliminating discriminatory provisions in the Criminal Code.

The promised legislation, Bill C-66, the Expungement of Historically Unjust Convictions Act, became law in June 2018. Under the new Act, 2SLGBTQIA+ people previously convicted of criminal offences under certain provisions of the Criminal Code could apply to have their criminal convictions expunged, and all documentation of the original conviction destroyed.

Although many welcomed the legislation, others pointed out that a number of historical charges and provisions remained in force: so-called “zombie laws.” People in Canada convicted in raids on bathhouses (under provisions related to bawdy house and indecency), for example, were not eligible under the legislation.


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