Stephen Harper and his conservatives have won a majority - 167 seats (155 were needed for majority). Unfortunately this casts an uncertain future for Queer rights in Canada.
Though Stephen Harper has said that he won’t reopen the same-sex marriage debate he has refused to answer what he would do if/when a private member’s bill is introduced to rescind same-sex (or equal) marriage. Based on the party’s previous history with Queer rights (which I have posted in within this post) I think it’s safe to say we know what the out come of this would be.
Some have argued that the courts would not allow the government to take away same-sex marriage but any court intervention would take months or possibly a year to over-rule a vote a in parliament. The Conservatives could also put into place the not-withstanding clause that would suspend same-sex marriage for 2 years. Furthermore the supreme court never really ruled on same-sex marriage in the first place. They only said that allowing it would be constitutional and then put the onus on parliament to vote on the matter.
People must also take into account the fact that Stephen Harper has already appointed 2 Conservative leaning judges to the Supreme Court of Canada and by the time the next election occurs can appoint 4 four more, meaning that conservative judges would control the supreme court and they would ultimately end up making the decision on whether or not banning same-sex marriage was unconstitutional, or in even hearing the case to begin with.
Another equally scary issue is the fact that nowhere in the Charter of Human Rights and Freedoms does is explicitly state that sexual orientation is part of it. Courts have only stated that it’s inclusion could be implied. However this leaves the door open for the Conservatives to introduce legislation that would specifically exclude sexual orientation from the Charter as there is nothing in the Charter currently regarding sexual orientation this wouldn’t involve ratifying it.
If you doubt that this party will try to remove rights from the Queer community I ask you to consider the actions and stances they have taken below.
1. The Conservative party, and I’m not talking about the old Progressive Conservatives they don’t exist anymore aside from Provincial realms, has NEVER in it’s history (under their current name, the Canadian Alliance, or the Reform party) supported any of the legislature that furthered Queer rights. I mean NEVER EVER EVER. In fact the only thing they have tried to do with the rights of the Queer community is to TAKE THEM AWAY.
2. The leader of the Conservative Party (Stephen Harper) went to anti-gay rallies during the same-sex marriage debate before it was made legal, and then again after it was made legal and the Conservative Party was trying to TAKE RIGHTS AWAY from the Queer community. Stephen Harper (as Prime Minister of Canada) stood beside men and women who think Queer people can be “cured”, who believe we are the spawn of Satan. He shock hands and basked in the company of people who don’t think we should be allowed to teach, or to raise a family. Stephen Harper actually belongs to a church that believe homosexuality to be one of the gravest of sins, akin to murder, rape, and incest (source).
3. Examples of rights the Conservative Party (then Reform and Canadian Alliance) tried to stop or take away in the 1990’s.
- Voted against the amendment of the Canadian Human Rights Act to prohibit sexual orientation discrimination. They wanted people to be allowed to discriminate against Queer people (fire them, deny them services, expell them from schools) simply because of their sexual orientation. - This applies to the inclusion of sexual orientation in the Canadian Charter of Human Rights and Freedoms.
- Voted against the Amendment of the Criminal Code to provide more severe penalties for hate crimes against gays and lesbians.
- They introduced a motion to exclusively define the definition of marriage to be between a man and a woman.
4. Examples of rights the Conservative Party (aka Canadian Alliance) tried to stop or take away in the 2000’s
- Voted against recognizing same-sex partnerships equally.
- Voted against providing same-sex couples with equal status as opposite-sex couples in 68 federal laws.
- Canadian Alliance motion to define marriage in exclusively opposite-sex terms, ultimately by invoking the notwithstanding clause.
- Voted against amending the Criminal Code to provide more severe penalties for hate speech and hate literature against gays and lesbians.
- Conservative Party motion to withdraw Bill C-38 (which would extend marriage to same-sex couples).
- VAST majority of Conservatives voted against extending marriage to same-sex couples.
- Conservative Party motion to TAKE AWAY marriage from same-sex couples.
5. Examples of homophobia by the Conservative party:
- After Pride Toronto (Toronto’s largest money making event) is awarded roughly $400,000 there is highly vocal Conservative MP opposition. Montreal’s Pride or Divers-Cite (which received Federal funding for the past several years) is stripped of Federal funding.
- Kulenthiran Amirthalingam a Gay man from Malaysia seeking refugee status in Canada on the grounds of his sexual orientation (he faces prison or public beating in Malaysia for being homosexual) is deported by the Conservative immigration minister. When the deportation is brought up in Parliament by NDP MP Real Menard the Conservatives laugh it off. - The man was publicly beaten upon his return to Malaysia. It is also reported that the then Minister of Immigration and her office stated refugee claimants couldn’t be Lesbian because they have long hair and wear dresses (source).
- As mentioned before Stephen Harper, along with Stockwell Day and many other Conservative MP’s are televised and photographed standing next to anti-gay groups and leaders. Many whome call homosexuality a disease and relate it to pedophilia. Video evidence of Harper speaking at such a rally is here.
- Stockwell Day states in parliament that homosexuality goes against the natural order of things (during the 2nd same-sex marriage debate December 2006). Also states it will harm families.
- The Conservative Party attempted bury a research report, conducted for Canada’s Department of Justice, that says Lesbian or Gay parents are just as good, or even a little better, at developing and raising their children, compared to heterosexual parents. (source)
- A plethora of anti-gay statements made by numerous Conservative MP’s ranging from comparing homosexuality to pedophilia, to statements that we are sick, to saying we shouldn’t raise children.
- Both Harper and Ottawa MP Cheryl Gallant tormented Bill Graham with anti-gay comments — in the House of Commons, no less — until he retired in 2007 (source)
6. Except for John Baird (who must to be into masochism being involved with that ilk) the upper echelon (well really any part) of the Conservative Party has time and time again shown that it does not support the rights of the Queer community. Aside from provincial parties it blows my mind away how any Queer person could possibly vote Conservative (they’re not even fiscally conservative, they’ve put the country further into debt AND have cut social programs, then they spend public money essentially advertising their party on Trains, websites, and pamphlets).
Every action this party has taken in relation to the Queer community spells out one thing… The Conservative Party hates Queer people.
I would like to solace in the fact that should the Conservatives rescind Queer rights in Canada that Canadians would show their displeasure in 4-5 years at the next election. However, considering how the majority of Canadian were quite upset over a number of other things the Conservatives have done in the past (election spending misuse and scandals, misuse of tax payers money for advertising for their own party, removal of the long census, purchasing 30 fight jets, purchasing ships for the artic that don’t have appropriate ice breaking ability, renaming the Government of Canada “Harper’s Government”, dismantaling women’s centre’s across the country, reaction to Canadians stuck in Lebanon during Israel’s offensive, spending on the G8/G20, etc) yet it didn’t affect them at election time, in fact they gained seat. So I fail to see how this would be any different were they to remove our rights. Unfortunately the Canadian public has shown it tends to forget about the qualms it has with the Conservatives once they’re given a few month (or even weeks) to simmer down.
Time will tell and I hope very much that I am wrong on this, but given all the evidence that hope I’m clinging to is quite small.
Troubling times indeed.
