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Queer Community Charter Analysis

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The Charter of Rights and Freedoms has allowed a rapid advancement of the rights of the Lesbian, Gay, Bisexual, Transgender, and Queer Canadians hereafter referred to as the queer community. The Charter’s guarantee of equality for all inspired a rights- based approach to queer rights that led to the queer community being granted the same rights as heterosexual men and women ultimately culminating in the legalization of same- sex marriages. This advancement in rights has primarily proceeded through the Courts as they proved much more willing to recognize the rights of the queer community than the government of Canada. This recognition of the equality of queer Canadians was made possible by the Charter accelerating a pre-existing process of separation …show more content…

Natural law fell out of favour as the world became more secular and positivism emerged as the preeminent legal philosophy. The link between law and morality lingered on in English and Canadian law as evidenced by the many laws outlawing abortion, birth control, homosexuality, and divorce which were only repealed in the latter half of the twentieth century. The supposed immorality of homosexuality was enshrined in law through sections 147 and 149 of the criminal code and section 147 went so far as to equate sodomy with bestiality (Myers, 2015, 6). The equation of consensual sex between two men and the sexual abuse of an animal is unconscionable to a modern Canadian, but it illustrates the deep prejudice faced by homosexual and transgender Canadians and why morality should have no link with criminal …show more content…

This shift occurred at the same time as liberalizations of abortion, birth control, and divorce laws and were a result of the same underlying reasons: an increased recognition of individual autonomy, and a desire on the part of the State to stop regulating morality through criminal law. It was this removal of the link between morality and law that allowed homosexual Canadians to live their lives without fear of arrest for the first time in Canadian

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