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| 1. Nierobisz, Annette., Searl, Mark. and Theroux, Charles. "Gaining Ground: The Role of the Canadian Human Rights Commission in Advancing Sexual Orientation Equality Rights in Canada" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2009-11-22 <http://www.allacademic.com/meta/p175768_index.html>Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Why is Canada one of only five countries in the world to recognize same-sex marriage? We argue that Canada has a unique human rights infrastructure that provides a mechanism through which sexual orientation rights can be achieved. This conclusion is derived from a case study of the Canadian Human Rights Commission (CHRC). Our analysis is based on Commission annual reports, speeches by Chief Commissioners, presentations to parliamentary Committees, and the 447 sexual orientation complaints for which the CHRC rendered a final decision by December 31, 2005. Results demonstrate that from its inception, the CHRC had one simple and consistent message: sexual orientation should not be the basis for denying people employment, housing, services, or benefits. The CHRC first translated this message into the Canadian Human Rights Act, by designating sexual orientation to be a prohibited ground of discrimination. This helped the CHRC launch other initiatives including modification of employment benefits policies to recognize same-sex couples and eventually, legal provisions for same-sex marriage. |
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