Criminal Justice Term Paper 2022

Running head: CRIMINAL JUSTICE
CRIMINAL JUSTICE
Name of Student
Name of University
Author Note

1CRIMINAL JUSTICE
Introduction
Sexual orientation can be described as the attraction or desire of a person towards another
person in a romantic, emotional and sexual way irrespective of their genders. Canada can be seen
as one of the most advanced countries in the world where the same-sex sexual activities were
made legal since 1969. However there have been many instances where people have been
discriminated on the basis of their sexual orientation. In Canada for many years sexual
orientation have been rejected by the politicians to be recognized as a human right. The LGBT
community in Canada can be seen to be one of the largest minority groups present in the
workforce. Yet adverse workplace conditions are faced by the LGBTQ people in Canada. In this
paper a detailed analysis has been done in relation to the sexual orientation discrimination faced
by many people in Canada. The research has further been backed up with cases and journal
articles.
Sexual orientation discrimination
In Canada same-sex sexual activities were made legal since 1969. However there have been
many instances where people have been discriminated on the basis of their sexual orientation.
Sexual orientation to be recognized as a human right had been rejected by the politicians for
several years. In the year 1977 discrimination on the basis of sexual orientation was first banned
in Quebec. Neither the Charter of Rights and Freedoms nor the federal Human Rights Act had
been seen to be recognizing sexual orientation. For many years the Saskatchewan Federation of
Labor’s non-discrimination policy that was based on the sexual orientation was seen to be the
only labour federation in the country for the acknowledging this type of discrimination for many

2CRIMINAL JUSTICE
years in the future. Discrimination against the LGBT community had never been uncommon in
Canada. In February 1981, what could later be seen to be characterized as the largest police
action since the October Crisis, 150 Toronto police officers were seen to be raiding four
bathhouses and arresting hundreds of gay men. As per the Globe and Mail the raid was
characterized as a very ugly action and to be a clear case of discrimination against
homosexuality.
In the past 20 years the legal rights LGBT community in the Canada was seen to be
subject to many different and considerable political, judicial and legislative activity. With the
introduction of the Canadian Charter of Rights and Freedoms the legal frameworks in relation to
the matters for the equality rights for the LGBT people were seen to be altered. In most of the
jurisdiction in Canada are seen to be having legislations against the discriminatory treatments on
the basis of sexual orientation.
The Canadian Charter of Rights and Freedoms was adopted in the year 1982 and section
15 of the charter was seen to be providing equal rights toward the protection and benefits of the
law to every Canadian irrespective of their race, sex, religion, ethnic origin, color, age or any
mental or physical disability without any discrimination. Although sexual orientation has not
been listed in the Charter for a ground of discrimination yet in many cases the judges were seen
to deem the same as a ground for discrimination. In the year 2003 the Criminal Code was
amended for the inclusion of the protection of sexual orientation from the hate crimes that had
been mentioned under the sections 318 and 319 of the hate propaganda sections.
As per the Canadian Human Rights Act [1996] discriminatory behaviour includes
differential treatment of any individual or a group of individuals based on their race, national or