(Ottawa – April 2, 1998) The Supreme Court of Canada ruled in a unanimous decision that Alberta’s failure to include « sexual orientation » as a prohibited ground of discrimination directly contravenes the Charter’s equality guarantees.
Delwin Vriend’s constitutional challenge to Alberta’s Human Rights, Citizenship and Multi-culturalism Act , in the case of Vriend v. Alberta, focused on whether the exclusion of « sexual orientation » as a prohibited ground of discrimination violated section 15 of the Charter.
LEAF counsel, Gwen Brodsky says, « This decision is extremely important to gays and lesbians everywhere. It clearly confirms that courts must not abdicate their responsibilities when governments violate basic human rights. » LEAF counsel Claire Klassen states, « As LEAF argued before the Court, this case has nothing to do with ‘neutral silence’. The deliberate exclusion of gays and lesbians from human rights protection in Alberta sends a message of intolerance and hate. This message has not been condoned by the Supreme Court of Canada and cannot be condoned by the people of Canada. »
Gwen Brodsky further states, « It is profoundly disrespectful and undemocratic for the Alberta government to even consider using the notwithstanding clause in order to avoid its constitutional obligations. The government of Alberta must respect the constitution. »
LEAF is pleased that Canada’s highest Court recognizes the significance of this case and the resounding implications for equality for all people in Canada.
Contact:
Gwen Brodsky, LEAF Counsel, (604) 874-9211
Rosemarie Stewart, LEAF Communications Officer, (416) 595-7170 ex. 223
