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Constructing Lesbian and Gay Rights

Published online by Cambridge University Press:  18 July 2014

Douglas Sanders
Douglas Sanders
Affiliation:
Faculty of Law, University of British Columbia
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Abstract

Lesbian and gay rights are argued as rights to privacy, rights to protection from violence, rights to equality as individuals, rights to equality as family units, rights of minorities or as part of a larger framework of the recognition of sexual diversity within the society. In the last decades Canadian law has recognized equality claims, first through the reform of antidiscrimination laws and later through the interpretation of the equality provisions in the Canadian Charter of Rights and Freedoms. The major current issue, important because it involves lesbian and gay visibility, is the recognition of same-sex couples for the range of rights, obligations and benefits connected with marriage or heterosexual cohabitation. Recognition is occurring through ad hoc reforms, often in response to litigation or to decisions of human rights tribunals.

Résumé

La défense des droits des gais et des lesbiennes passe par celle du droit à la vie privée, du droit à la protection contre la violence, du droit à l'égalité en tant qu'individus, du droit à l'égalité en tant qu'unité familiale ainsi que par la défense des droits des minorités. Elle peut également s'inscrire dans le cadre plus large de la reconnaissance de la diversité sexuelle dans la société. Au cours des dernières décennnies, les revendications égalitaires ont trouvé écho, en droit canadien, d'abord dans la réforme des lois anti-discriminatoires puis dans l'interprétation des dispositions portant sur le droit à l'égalité insérées dans la Charte canadienne des droits et libertés. La question majeure qui se pose aujourd'hui concerne la reconnaissance, au chapitre des droits, obligations et bénéfices reliés au mariage ou à la cohabitation hétérosexuelle, des couples homosexuels—question importante s'il en est puisqu'elle concerne la visibilité même des gais et des lesbiennes. Cette reconnaissance s'effectue par le biais de réformes ponctuelles, souvent en réponse à des litiges ou à des décisions rendues par l'un des tribunaux des droits de la personne.

Type
Research Article
Information
Canadian Journal of Law and Society / La Revue Canadienne Droit et Société , Volume 9 , Issue 2 , Fall/automne 1994 , pp. 99 - 143
Copyright
Copyright © Canadian Law and Society Association 1994

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References

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37. Ibid, at 1333.

38. Madam Justice Russell in Vriend v. The Queen, (Alta. Q.B.) [unreported] 12 April 1994, took judicial notice of patterns of discrimination against homosexuals, in the absence of specific proof by expert testimony.

39. See Knodel v. British Columbia, supra note 33; Mr. Justice Linden in dissent in Egan v. Canada, supra note 17; Mr. Justice Greer in dissent in Layland and Beaulne v. Ontario (1993), 104 D.L.R. (4th) 214.

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50. Andrews v. Law Society of British Columbia, supra note 35. Immutability was described as an important feature of many of the listed grounds in section 15 but not an essential one in Leroux v. Cooperators General Insurance (1991), 83 D.L.R. (4th) 694.

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62. The perception of issues in the report was limited to acts of discrimination against individuals. The recognition of equality issues relating to same-sex couples had to wait for progress on individual equality issues.

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69. Supra note 17 at 340 (Mahoney J.A.) and 381 (Robertson J.A.).

70. (1994) 6 W.W.R. 414 (Alberta Queen's Bench).

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72. CCPR/C/50/488/1992, views given 31 March 1994.

73. Article 1 of the Constitution of the Netherlands is an open-ended rejection of discrimination and has been interpreted by Parliament and the Courts as prohibiting discrimination on the basis of sexual orientation: P. Tatchell, “Equal Rights For All” in Plummer, supra note 25 237 at 247, footnote 4. A recent article said that “the French constitution in theory forbids discrimination on the basis of sexuality, though nobody has ever invoked this theoretical right”; Watney, S., “Gai et Français” Gay Times (lesbian, gay, bisexual magazine published in the United Kingdom) (March 1994) 20Google Scholar.

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97. A strategy of normalizing homosexual lives is only occasionally articulated. A Lutheran Bishop, reflecting on Denmark's 1989 law allowing same-sex registered partnerships, saw that goal as having been advanced: “There was a tendency of demonstrating everywhere and every time. But, to the contrary since then, there is no sensation. They are quite normal.”; Ingrassia, L., “A Marriage Made in Denmark” The [Toronto] Globe and Mail (9 June 1994) 9Google Scholar. A conservative defence of same-sex benefits attributed “the more flamboyant aspects of the gay lifestyle” to social marginality, adding: “If you want people to join the mainstream, you have to let them in first.”; Coyne, A., “Squawk About Same-sex Benefits and You Can't Squawk About Quotas” The [Toronto] Globe and Mail (13 June 1994) 16Google Scholar. Some lesbian and gay activists object to “assimilationist” strategies.

98. The actual benefits are frequently minor. In Mossop the issue was one days pay. In both Knodel and Egan the Crown proved that the couple were financially better off to avoid recognition of the relationship because of eligibility rules for social assistance. In both cases the court recognized that the claim was for the recognition of rights, not an actual financial benefit.

99. A committee reporting to the Québec Human Rights Commission recommended the repeal of Article 137 which contains the exemption: Hays, supra note 75.

100. S.O. 1986, c. 64, s. 18(1) added “sexual orientation”. The 1986 amendments left in place section 10(1) which defined “spouse” as it had since S.O. 1981 c. 53.

101. Human Rights Code, S.M. 1987–1988, c. 45Google Scholar. s. 9(2) includes “sexual orientation”. S. 9(5) allows for regulations on employee benefit plans.

102. An Act to Amend the Human Rights Act, S.N.S. 1991, c. 12Google Scholar. The new section 5(1) included “sexual orientation”. The definition of “marital status” was in new section 3(1). The earlier statutes were not aiming to curtail same-sex spousal benefits, for that issue had not emerged on the public policy agenda.

103. Magee, S., “Campbell's Rights Act Under Fire” Vancouver Courier (13 December 1992) 4Google Scholar, reported Campbell's views as follows: “Many same-sex couples enjoy these benefits already, and where there are disputes they will continue to be resolved on a case by case basis in the courts or in front of human rights tribunals,” she said. “But we've drawn the line at the definition of marriage—something very consistent with Canadian public opinion and what happens in other jurisdictions.” Campbell described the amendments as a “compromise” which had been necessary to prevent a split in the caucus: November, 1992, meeting with representatives of the Lesbian and Gay Immigration Task Force in Vancouver.

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110. Vogel v. Manitoba (1992), 90 D.L.R. (4th) 84; Canada v. Mossop, supra note 52.

111. Supra note 17.

112. Veysey v. Commissioner of Correctional Services (1989), 44 C.R.R. 364 (F.C.T.D.); 47 C.R.R. 394 (F.C.A.). The trial ruling was substantive, but the Appeal Court confined the reasoning to an administrative law point.

113. Knodel v. British Columbia, supra note 33. The earlier Ontario decision was Andrews v. Ontario (1988), 49 D.L.R. (4th) 584 (High Court of Justice).

114. The case of Morrissey and Coll v. Canada was filed in Federal Court in January 1992. In September 1992, immigration gave Bridget Coll permanent residence status as an independent applicant.

115. See Davidson, M., “Processing of Same Sex and Common Law Cases” (Hull: Department of Immigration, ORDO150) (3 June 1994)Google Scholar. This fax instructs immigration officials in embassies and consulates to handle “family class” applications involving same sex or common law spouses as independent applications, and indicates that such cases may be appropriate cases for humanitarian and compassionate consideration, allowing the waiver of normal selection criteria.

116. Leshner v. Ontario (1992), 16 C.H.R.R. D/184 (Ontario Board of Inquiry).

117. The major reported case is Anderson v. Louma (1986), 50 R.F.L. (2d) 127 (B.C.S.C.). A claim for maintenance was refused on the basis that maintenance was dependent upon statute and was limited, by statute, to heterosexual couples. In the judgment, constructive trust principles were applied to divide marital assets in the same manner as the courts have done with unmarried heterosexual couples. Two recent decisions dividing the marital property of same-sex couples are Brunet v. Davis, (Ontario Court, General Division) [unpublished] (April 1992) described in “Judge Finds Constructive Trust to Compensate Gay Partner” The Lawyers Weekly (12 June 1992) 6Google Scholar, and Forrest v. Price (B.C.S.C.) (3 November 1992) (Boyd J.). In a more recent case, Ontario has conceded that its Family Law Act discriminates against same-sex couples by only recognizing heterosexual “common-law” couples and is, for that reason, in breach of the Charter. The case involves marital property and maintenance: Brown, E., “Ontario Admits Discrimination” Xtra (14 May 1993) 11Google Scholar.

118. Decision of 9 November 1992, on the claim of Shirley Petten in relation to the death of Beverly Holmwood, by Mr. N. Gallagher, Director, Disability Awards, Workers Compensation Board. Mr. Gallagher ruled that section 17 of the British Columbia Workers Compensation Act, R.S.B.C. 1979, c. 437Google Scholar, which refer tomarried or common law spouses, must be taken to include same-sex spouses.

119. Philp, M., “Gay Employee Wins Family Leaves” The [Toronto] Globe and Mail (2 October 1993) 3Google Scholar. The Federal government decided against an appeal: Philp, M., “Ottawa Acquiesces on Gay Spousal Leave” The [Toronto] Globe and Mail(15 April 1994) A1Google Scholar.

120. The tribunal decision was reversed by the Ontario Divisional Court in Clinton v. Ontario Blue Cross (3 May 1994) (Carruthers, Dunnet, Adams JJ.), but exclusively on the grounds that constitutional notice had not been given to argue section 15 of the Charter of Rights and Freedoms.

121. Brown, E., “These Two Women Are Spouses” Xtra (7 January 1994) 1Google Scholar. The decision is being appealed.

122. “Another Victory for Same-sex Spouses” Goinfo (May 1994) 1Google Scholar.

123. Battista, M., “Lesbian Files for Alimony” Xtra (1 April 1994) 17Google Scholar.

124. The single exception in the Ontario extension was the pension scheme in issue in the Leshner case. The delay with the pension scheme resulted from problems with Federal tax law. Ontario had decided to lobby the Federal government to change the Income Tax Act before it extended spousal pension benefits: Boyce, D., “Gay Partners Approach Equality in Ontario” Advocate (3 November 1992) 33Google Scholar; Brown, E., “The Leshner Decision Is a Significant But Tiny Victory, Lawyer Says” Xtra (18 September 1992) 9Google Scholar. Pegis, J., “NB Extends Same-sex Spousal Benefits” Xtra (14 May 1993) 13Google Scholar. The benefits involved include health and dental plans and life insurance, but not pensions or long-term disability.

125. “Healthy Teeth” Xtra (29 October 1993) 17Google Scholar.

126. “Air Canada's Yes” Xtra (29 April 1994) 13Google Scholar.

127. Bigg-Clark, M., “More Firms Offer Same-sex Benefits” The [Toronto] Globe and Mail, Report on Business (7 June 1994) B1Google Scholar. See also Stewart, T., “Gay in Corporate America” Fortune Magazine (16 December 1991) 42 at 50Google Scholar; Bureau of National Affairs, “Recognizing Non-traditional Families”, BNA Special Report #38, Special Report Series on Work and Family, February 1991, 32 ppGoogle Scholar; Gallagher, J., “Benefits for the fringe” Advocate (25 January 1994) 56Google Scholar.

128. A special kit on same-sex benefits for lesbian and gay employees and their families is available from the Canadian Union of Public Employees, Equal Opportunities Department, 21 Florence Street, Ottawa, K2P 0W6. The British Columbia Federation of Labour, 4279 Canada Way, Burnaby, B.C., V5G 1H1, publishes an information kit, “Ending Workplace Discrimination Against Lesbians and Gay Men.” CUPE gave backing to Karen Andrews in her case for medicare benefits. The Hospital Employees Union of British Columbia took the Knodel case on behalf of one of its members. Brian Mossop's grievance over bereavement leave was made with the “approval and support” of his union according to the judgment of L'Heureux-Dubé in Mossop, supra note 52. The Canadian Labour Congress convention in May 1994 approved a program to fight homophobia, to encourage lesbian and gay participation in unions and to negotiate same-sex benefits: Battista, M., “Planes, Trains and Automobilies: The Labour Movement Is Taking Up the Same-sex Benefits Battle” Xtra (10 June 1994) 15Google Scholar.

129. There was evidence in both Knodel and Egan that the consequences were actuarily insignificant. See also Gibb-Clark, M., “Gay-couples Ruling Won't Break the Bank” The [Toronto] Globe and Mail, Report on Business (7 September 1992) B4Google Scholar; “No Problems Seen in Extending Benefits” Vancouver Sun (3 September 1992) 7Google Scholar; Gibb-Clark, M., “More Firms Offer Same-sex Benefits” The [Toronto] Globe and Mail (7 June 1994) B1Google Scholar.

130. Robertson adopted the trial judges statement on the centrality of reproduction, which referred to heterosexual units which have “traditionally been treated as the basic unit of society upon which society depends for its continued existence.”

131. Egan v. Canada, supra note 17 at 390.

132. Wilson J., in Andrews, v. Law Society of British Columbia., supra note 35.

133. The classic example in Canada was the decision of the Supreme Court of Canada in Bliss v. A.G. Canada [1979], 1 S.C.R. 183, stating that discrimination on the basis of pregnancy was not discrimination on the basis of sex. That decision was reversed in Brooks v. Canada Safeway [1989], 1 S.C.R. 1219.

134. Attorney General Marion Boyd, in the debates in the Ontario Legislature in June 1994, invoked the beloved Canadian novel, Anne of Green Gables, in which the orphan Anne was raised by a brother and sister, certainly a “non-traditional family”; Sheppard, R., “Storybook Anne and Same-sex Benefits” The [Toronto] Globe and Mail (8 June 1994) 25Google Scholar.

135. Andrews v. Ontario (1988), 49 D.L.R. (4th) 584 (High Court of Justice).

136. Anna Carrott and Andrea Underwood began a court case in February 1992, seeking the right for the Canadian partner, Underwood, to sponsor the non-Canadian partner, Carrott. They are raising two children from Anna Carrott's previous marriage.

137. Egan v. Canada, supra note 17.

138. Letter of J. G. Boissoneault, Departmental Assistant-Immigration, Office of the Minister of Employment and Immigration (23 July 1992) to the author. The immigration policy reflected in the letter has changed; see footnote 115, supra.

139. Judgment dated 19 May 1993.

140. A summary of the findings of 30 studies of the children of lesbian and gay parents was published in the October 1992 issue of the journal Child Development. It concluded that the studies were nearly unanimous in their findings that the children had developed normally.

141. Section 4(1) of the Danish law provides: “The provisions of the Danish Adoption Act regarding spouses shall not apply to registered partners”. This is taken from an “unofficial translation” supplied by the Royal Danish Embassy, Ottawa. The Norwegian law has a similar provision. The text of the Swedish law was not available at the time of writing. In Denmark at least, adoption is restricted to married couples.

142. “Mom Loses Bid to Get Son Back from Gay Couple” Bangkok Post (13 April 1994) 9Google Scholar, notes that six states including Washington State allow adoptions by samesex couples.

143. “Court Grants Parental Rights to Mother and Lesbian Lover” New York Times (12 September 1993) 21Google Scholar; “Homosexuality Does Not Make Parent Unfit, Court Rules” New York Times (22 June 1994) 8Google Scholar.

144. A major issue in the Netherlands has been equal access of lesbians to artificial insemination services provided as part of the national health system. Section 13(5) of the United Kingdom's 1990 Human Fertilization and Embryology Act provides that a woman shall not be provided with services “unless account has been taken of the welfare of any child who may be born as a result of the treatment (including the need of that child for a father)…”; see Cooper, D. & Herman, D., “Getting ‘the Family Right’; Legislating Heterosexuality in Britain, 1986-1991” (1991) 10 Canadian Journal of Family Law 41Google Scholar.

145. Banner, R., “Lesbians Refused AI” Angles (July 1993) 1Google Scholar.

146. See Priest, A., “Next Best Thing” Vancouver Sun (27 October 1990) C1Google Scholar; “‘Gay’ Church Holds Rite for Blessing Relationships” Vancouver Sun (18 February 1992) 6Google Scholar. Kennedy, J., “Gays Feel Same-sex Unions Merit Equality With Heterosexual Ties” Vancouver Sun (4 June 1992) 4Google Scholar, indicated that Ottawa's First United Church offers a “blessing and commitment” ceremony for same-sex couples. The Metropolitan Community Church gave evidence in Layland v. Ontario that the denomination had performed 10,000 same-sex ceremonies of “holy union”.

147. In the Layland case the Attorney General of Canada submitted the affidavit of Dr. Charles Hobart which noted homosexual marriages in ancient China and during the last period of the Roman Empire. On China see Hinsch, B., Passions of the Cut Sleeve (California: 1990)Google Scholar. A more recent study by the Yale University historian Boswell, John, Same-Sex Unions in Premodem Europe (Villard: 1994)Google Scholar uncovers examples of same-sex marriage in Christian Europe.

148. A presentation of opposing arguments can be found in companion articles by two leading lesbian and gay activists and commentators: Thomas Stoddard, “Why gay people should seek the right to marry” and Ettelbrick, Paula, “Since When Is Marriage a Path to Liberation?” in Sherman, S., Lesbian and Gay Marriage(Temple, 1992) at pp. 13 and 20Google Scholar.

149. An excellent discussion of many of the issues can be found in Duclos, N., “Some Complicating Thoughts on Same-Sex Marriage” (1991) 1 Law and Sexuality 31Google Scholar.

150. “Gay Couples Apply for Marriage Licenses” San Francisco Sentinel (lesbian, gay newspaper) (12 December 1991) 9Google Scholar.

151. “German Gay Couples Demand Marriage Licenses” Xtra Supplement (November 1992) 4Google Scholar. One of the couples was Hella von Sinnen, a very popular television personality, and her partner Cornelia Scheel, daughter of former West German President Walter Scheel.

152. Layland v. Ontario, supra note 39.

153. Egan v. Canada, supra note 17 at 389.

154. Baehr v. Lewin, (Supreme Court of the State of Hawaii) (5 May 1993) [unpublished]. A domestic partnership law is being discussed and a commission to investigate the issue may be established by legislation; Gallagher, J., “The Wedding Is Off” Advocate, (17 May 1994) 24Google Scholar.

155. “Around the World: Russia” Advocate (17 May 1994) 22Google Scholar.

156. Ontario Law Reform Commission, Report on the Rights and Responsibilities of Cohabitants under the Family Law Act (1993) 74 pp.Google Scholar

157. Williams, F., “Spain Set to Recognize Gay Partnerships” Gay Times (September 1994) 36Google Scholar.

158. Two recent marriage cases were actually about immigration rights. A case went to the highest court in Switzerland seeking immigration rights via an entitlement to legal marriage. The court rejected the argument, while suggesting that the status of the non-citizen could be handled on humanitarian grounds. The Layland case involved a Canadian and non-Canadian who hoped that access to legal marriage would resolve the non-Canadians immigration status. While the case received considerable publicity in Canada, the immigration aspect was not noted.

159. See Stanley, A., “‘Gay’ Fades as Militants Pick ‘Queer’” New York Times (3 April 1991) 9Google Scholar.

160. “ABA Grants Affiliation to National Lesbian and Gay Law Association” NLGLA News (11 August 1992) 1Google Scholar.

161. There is a lesbian and gay caucus within the Canadian Association of Journalists and a National Lesbian and Gay Journalists Association in the United States: Hannan, P., “Journalists Are Slowly Coming Out” Xtra (10 December 1993) 20Google Scholar.

162. Byron, P., “Meet Mixner the fixer” Out Magazine (lesbian, gay, bisexual magazine published in the United States) (Fall 1992) 51 at 52Google Scholar.

163. Lawrence, J., “Payoffs or Principles?” Bangkok Post (9 February 1993) 4Google Scholar.

164. Roberta Achtenberg, a lesbian, was nominated and confirmed as Assistant Secretary of Housing and Urban Development; Krauss, C., “Senators Attack Housing Nominee New York Times 21 May 1993) 13Google Scholar. That appointment was followed, without controversy, by appointments of a federal patent commissioner and a federal judge: Gordon, R., “The Point Is I Won, Gay Mandarin Says” Vancouver Sun (18 June 1994) B12Google Scholar.

165. “MP's Sexuality, Private Issue, NDP says” The [Toronto] Globe and Mail (26 February 1988) 8Google Scholar; “Robinson's Sex Life Called his Own Affair by Most MPs” Vancouver Sun (26 February 1988) 6Google Scholar.

166. Two recent books arguing that separate cultures exist are Browing, F., The Culture of Desire (New York: Crown, 1993)Google Scholar, and Herdt, G., Gay Culture in America (Beacon, 1992)Google Scholar. Neither volume deals with the question whether lesbian and gay cultural differences will endure.

167. Boswell, J., in Homosexuality in the Western Christian Tradition (Chicago: 1980)Google Scholar, argues that considerable acceptance existed in Western Europe, but the acceptance was reversed in the 13th century, when Jews, Muslims, heretics and homosexuals were targeted. Germany had a significant homosexual rights movement in the inter-war period, indicating a climate of tolerance which was reversed under Hitler, when homosexuals were sent to the death camps.

168. Reuters, , “Court Backs Gays in Landmark Ruling” Bangkok Post (31 March 1994) 9Google Scholar.

169. Kirchhoff, J., “A Sad Chapter in ‘Homophobia’” The [Toronto] Globe and Mail (14 July 1990) C2Google Scholar; Fagan, D., “Gays Win a Round” The [Toronto] Globe and Mail (23 March 1987) 1Google Scholar; Lyall, S., “At Canada Border: Literature at Risk?” New York Times (13 December 1993) 6Google Scholar; Hough, R., “Degrading Customs” The [Toronto] Globe and Mail (12 February 1994) D–1Google Scholar.

170. Wilkinson, A., “The Never-ending Book Trial” The [Toronto] Globe and Mail (17 December 1993) 23Google Scholar.

171. [1979], 2 S.C.R. 435.

172. “Democracy Triumphs in Colorado” (editorial) New York Times (14 October 1994) 18Google Scholar; Bernstein, R., “When One Person's Civil Rights Are Another's Moral Outrage” New York Times (16 October 1994) E6Google Scholar.

173. Campbell, S., “Television Stations Reject Spousal-rights Commercials” Xtra (24 December 1993) 14Google Scholar.

174. See Herrell, R. K., “The Symbolic Strategies of Chicago's Gay and Lesbian Pride Day Parade” in Herdt, G., Gay Culture in America (Beacon, 1992) 225Google Scholar. A guest columnist wrote that she was ashamed of the “freak show” presented in the parades: Chellew, C., “The Naked Truth” Advocate (6 September 1994) 5Google Scholar.

175. A study by the United States Centres for Disease Control and Prevention reported homosexual transmission at 46.6% in the United States in 1993, still the largest single category in that country: “AIDS Infection of Heterosexuals Picking Up Speed” The [Toronto] Globe and Mail (11 March 1994) 8Google Scholar. Transmission in Africa and India, the major crisis areas internationally, is primarily through heterosexual intercourse.

176. Schmitt, E., “Father-son Drama Over the Gay Ban” New York Times (13 May 1993) 9Google Scholar; Clines, F., “Suprised by the Limelight, a Colonel's Gay Son Shines” New York Times (17 May 1993) 1Google Scholar.

177. In the last decade numerous organizations have changed their names to include a reference to bisexuals as well as lesbians and gay men. The 1993 march on Washington was in the name of lesbian, gay, bisexual and transgendered people, the last term seen as inclusive of transvestites and transexuals. Consensual sadomasochism, often referred to as the “leather” scene, is interesting in including homosexuals and heterosexuals. The National Leather Association in the United States describes itself as a “pansexual organization”: see advertisement, The Leather Journal (October 1993) 8Google Scholar.

178. Stockwell Day, Minister of Labour and Government House Leader in Alberta, was reported as telling local media after the equality decision in the Vriend v. King's College case, that “the decision would give licence to pedophilia.” See Edelson, A., “Queen's Bench Comers Alberta Tories” Xtra (29 April 1994) 17Google Scholar.

179. “Italian Neo-fascist Fini Disputes Rights for Gays” The [Toronto] Globe and Mail (1 June 1994) 6Google Scholar.

180. R v. Brown (1993), 2 All. E.R. 75. See Bibbings, L. & Alldridge, P., “Sexual Expression, Body Alteration, and the Defence of Consent” (1993) 20 Journal of Law and Society 356CrossRefGoogle Scholar; Rogerson, G., “Consent no defence for sm” Xtra Supplement (May 1993) 6Google Scholar.

181. B. v. France (1992), 16 E.H.R.R. 1, departing from much of the spirit of Cossey v. U.K. (1990) 13 E.H.R.R. 622.

182. The Association for Social Knowledge was formed in Vancouver in 1964. The writer was the second president of the organization.

183. In 1993 five openly lesbian or gay candidates ran for federal or provincial office. At the end of 1993 there were open gay men on city councils in Vancouver, Edmonton, Winnipeg, Toronto, Kanata and Montreal. On September 1994, Réal Ménard, Bloc Québécois Member of Parliament, stated that he was homosexual as part of his response to anti-homosexual statements made by Liberal Member Rosanne Skoke; Hannan, P., “Second MP Comes Out” Xtra (14 October 1994) 13Google Scholar.