Press Release

April 2, 1998

Supreme Court Rules

Alberta Must Protect Gays and Lesbians from Discrimination

"This is a great day for all Canadians who care about equality." said John Fisher, Executive Director of EGALE, a national lesbian and gay rights organization which intervened in support of Delwin Vriend’s challenge to Alberta’s refusal to include "sexual orientation" in its human rights legislation. "Finally, lesbian and gay Albertans have been given the message loud and clear: discrimination is wrong, and the Constitution of Canada will not tolerate deliberate acts of homophobia perpetrated against citizens by their own government."

"The Supreme Court unanimously ruled today that Alberta has violated the constitution by its acts of discrimination against gays and lesbians", said Cynthia Petersen, lawyer for EGALE. "The Court considered that the Government of Alberta’s persistent refusal to extend equal protection of its laws to gays and lesbians was inconsistent with the principles of equality, and could not be justified in a free and democratic society. The decision is effective immediately. We are delighted that the Supreme Court has upheld its constitutional role as protector of the disadvantaged. Finally, lesbians and gays have the right to equal protection under Alberta’s human rights legislation."

"The question now becomes: will the Government of Alberta have the integrity to respect its constitutional obligations?" added Fisher. "Will the Government simply do the right thing, and protect the equal rights of its gay and lesbian citizens, or will it waffle and bluster and do everything in its power to keep on discriminating against gays and lesbians for as long as it possibly can? Almost every other jurisdiction in the country prohibits sexual orientation discrimination. The Government of Alberta will bring shame and embarrassment upon itself, if it invokes the notwithstanding clause in a morally bankrupt attempt to create a society where bigotry and intolerance can be perpetrated without fear of legal consequence. Just last month, the Government of Alberta tried to invoke the notwithstanding clause to deny Albertans who had been forcibly sterilized their right to fair compensation. If they now seek to strip human rights protection from gays and lesbians, who’s next? If they can get away with that, then who in Alberta could ever feel that they were safe from acts of discrimination at the hands of their own government?"

For more information:
John Fisher, Executive Director, (613) 230-1043, john@egale.ca

See also:
Alberta Court of Appeal Ruling (February 23, 1996)
Supreme Court Agrees to Hear Alberta Case (October 3, 1996)
Supreme Court Grants EGALE Standing in Alberta Gay Rights Challenge (April 11, 1997)
Supreme Court Decision in English / en français

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