Press Release

February 22, 2001(?)

EGALE Welcomes Proposed Immigration Changes to Recognize Same-Sex Families

Opposes “Cohabitation” as a Qualifying Criterion

In responding to the introduction into Parliament yesterday of Bill C-11, EGALE welcomed the federal government proposal to include same-sex partners within the “family class” in Canadian immigration law. EGALE is a national organization which advances equality and justice for lesbians, gays, bisexuals and transgendered people, and their families, across Canada.

“The current definition of ‘spouse’ includes only legally married spouses of the opposite sex,” said John Fisher, Executive Director of EGALE. “For too long, same-sex couples have been denied recognition as families, and our partners have only been considered for entry into Canada on discretionary ‘humanitarian and compassionate’ grounds. This has led to a lack of transparency and complaints of inconsistent treatment. We are pleased that the Government is taking steps to recognize the reality of our relationships and the emotional hardship that is caused when we are separated from our loved ones. Canada has a moral, legal and constitutional obligation to recognize us as the equals we are.”

At the same time, EGALE noted that the term “common-law partner” remains undefined in the proposed immigration legislation, and called for clarity around the crucial question of the criteria for identifying a qualifying same-sex relationship.

“While there has been some progress, there are a number of ways in which the immigration legislation could be strengthened,” noted Fisher. “In particular, the term ‘common-law partner’ in the legislation needs to explicitly include same-sex couples. Recognition of our families is too important to be relegated to the regulations, which could be changed at the whim of a less supportive government in future. Similarly, the criteria for identifying a qualifying relationship need to be clarified – previous proposals to make cohabitation a prerequisite are inappropriate in the immigration context, where couples are often separated by national boundaries.”

EGALE also called for more explicit provisions to make it clear that lesbians, gays, bisexuals and transgendered people can claim refugee status because of a well-founded fear of persecution based on sexual orientation or gender identity, and expressed concerns about governmental proposals to exclude potential immigrants from Canada based on the results of mandatory HIV testing.

For further information:
John Fisher, Executive Director, EGALE: 1-888-204-7777; 613-291-5187

Egale Canada ©2011

Canada's LGBT human rights organization: advancing equality, diversity, education, and justice.