The Charter and the Vriend Case
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Activities
Think
How did the Canadian Charter of Rights and Freedoms change the protection of human rights in Canada?
Do
Do additional research on the Delwin Vriend case. What were the Charter rights in question?
Details
Date November 1997
Materials - Photograph
Historical Context
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- The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms of people in Canada.
- Since its adoption, many people in Canada have fought to have various rights expanded — or “read in” — by the Supreme Court.
- In 1991, Alberta teacher Delwin Vriend (he/him/his) was fired from his job because he is gay. He took his case all the way to the Supreme Court of Canada in 1998, which repeated its earlier ruling that sexual orientation should be “read into” Section 15 of the Charter, providing protection against discrimination and guaranteeing equal treatment under the law.
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society. Since its adoption, many people in Canada have fought to have rights extended — or “read in” — by the Supreme Court.
Through a series of decisions, Canadian courts have recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection under Section 15 (which defines rights related to equality).
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher in Alberta because he is gay. His appeal to the Alberta Human Rights Commission was denied because, at the time, Alberta’s human rights provisions did not include sexual orientation.
Delwin took his appeal to the Supreme Court of Canada, which struck down Alberta’s decision in 1998. This reaffirmed a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, offering protection against discrimination, and guaranteeing equal treatment under the law.
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society.
Section 15 of the Charter guarantees that every individual is equal — entitled to the equal protection and benefit of the law without discrimination. It prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability.
During parliamentary debate about the Charter, then-Justice Minister Jean Chrétien noted that existing anti-discrimination clauses were meant to be “open-ended,” for the courts to interpret in response to changing social conditions.
Through a series of decisions, Canadian courts have also recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection of equality under Section 15.
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher because he is gay. His complaint to the Alberta Human Rights Commission was rejected. This was because, at the time, Alberta law did not include sexual orientation as grounds for protection against discrimination.
The Supreme Court of Canada struck down the Alberta decision in 1998, reaffirming a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, thus providing protection against discrimination and guaranteeing equal treatment under the law.
- The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms of people in Canada.
- Since its adoption, many people in Canada have fought to have various rights expanded — or “read in” — by the Supreme Court.
- In 1991, Alberta teacher Delwin Vriend (he/him/his) was fired from his job because he is gay. He took his case all the way to the Supreme Court of Canada in 1998, which repeated its earlier ruling that sexual orientation should be “read into” Section 15 of the Charter, providing protection against discrimination and guaranteeing equal treatment under the law.
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society. Since its adoption, many people in Canada have fought to have rights extended — or “read in” — by the Supreme Court.
Through a series of decisions, Canadian courts have recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection under Section 15 (which defines rights related to equality).
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher in Alberta because he is gay. His appeal to the Alberta Human Rights Commission was denied because, at the time, Alberta’s human rights provisions did not include sexual orientation.
Delwin took his appeal to the Supreme Court of Canada, which struck down Alberta’s decision in 1998. This reaffirmed a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, offering protection against discrimination, and guaranteeing equal treatment under the law.
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society.
Section 15 of the Charter guarantees that every individual is equal — entitled to the equal protection and benefit of the law without discrimination. It prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability.
During parliamentary debate about the Charter, then-Justice Minister Jean Chrétien noted that existing anti-discrimination clauses were meant to be “open-ended,” for the courts to interpret in response to changing social conditions.
Through a series of decisions, Canadian courts have also recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection of equality under Section 15.
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher because he is gay. His complaint to the Alberta Human Rights Commission was rejected. This was because, at the time, Alberta law did not include sexual orientation as grounds for protection against discrimination.
The Supreme Court of Canada struck down the Alberta decision in 1998, reaffirming a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, thus providing protection against discrimination and guaranteeing equal treatment under the law.
Summary
- The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms of people in Canada.
- Since its adoption, many people in Canada have fought to have various rights expanded — or “read in” — by the Supreme Court.
- In 1991, Alberta teacher Delwin Vriend (he/him/his) was fired from his job because he is gay. He took his case all the way to the Supreme Court of Canada in 1998, which repeated its earlier ruling that sexual orientation should be “read into” Section 15 of the Charter, providing protection against discrimination and guaranteeing equal treatment under the law.
Essential
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society. Since its adoption, many people in Canada have fought to have rights extended — or “read in” — by the Supreme Court.
Through a series of decisions, Canadian courts have recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection under Section 15 (which defines rights related to equality).
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher in Alberta because he is gay. His appeal to the Alberta Human Rights Commission was denied because, at the time, Alberta’s human rights provisions did not include sexual orientation.
Delwin took his appeal to the Supreme Court of Canada, which struck down Alberta’s decision in 1998. This reaffirmed a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, offering protection against discrimination, and guaranteeing equal treatment under the law.
In-Depth
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution Act of 1982. It defines the rights and freedoms deemed necessary by parliamentarians for a free and democratic society.
Section 15 of the Charter guarantees that every individual is equal — entitled to the equal protection and benefit of the law without discrimination. It prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability.
During parliamentary debate about the Charter, then-Justice Minister Jean Chrétien noted that existing anti-discrimination clauses were meant to be “open-ended,” for the courts to interpret in response to changing social conditions.
Through a series of decisions, Canadian courts have also recognized the rights of 2SLGBTQIA+ people in Canada by “reading in” sexual orientation and gender expression as grounds for protection of equality under Section 15.
In 1991, Delwin Vriend (he/him/his) was fired from his job as a teacher because he is gay. His complaint to the Alberta Human Rights Commission was rejected. This was because, at the time, Alberta law did not include sexual orientation as grounds for protection against discrimination.
The Supreme Court of Canada struck down the Alberta decision in 1998, reaffirming a 1995 federal ruling that sexual orientation should be “read into” Section 15 of the Charter, thus providing protection against discrimination and guaranteeing equal treatment under the law.