It has been ten years since the landmark battle for rights of Vriend vs. Alberta. Delwin Vriend sued the government for allowing discrimination based on sexual orientation, which came to a head in 1998 when the Supreme Court of Canada ruled that the provincial government could not exclude GLB individuals from human rights legislation.

A decade later, the human rights code has still not been amended to include sexual orientation. This was brought up on April 16, 2008 in legislature by Official Opposition MLA Kent Hehr (Calgary Buffalo).

"In recent days Albertans celebrated the 10th anniversary of the Vriend versus Alberta decision," Hehr is quoted saying.  "After several years in provincial courts, the Supreme Court of Canada at last ruled that the provincial government could not exclude gay, lesbian, bisexual, or transgendered people from human rights legislation. Delwin Vriend’s struggle began in a very different world from the one we enjoy today. The current level of acceptance for various sexual orientations is far greater than that of the early 1990s. To stand up for a just but unpopular case required tremendous courage. The personal cost of standing up for yourself or for a minority group often far outweighs any benefit that an individual may gain. But perhaps we shouldn’t be surprised by Vriend’s outspoken determination; these are typical Albertan traits. Despite the challenges he faced – and there were many – Vriend proved that an individual citizen can bring about change if he or she shows the strength to act for the common good.

"In this the 27th Alberta Legislature we have the opportunity to celebrate the power of the individual and to recognize the fundamental human rights of thousands of Albertans. This Legislature should act as quickly as possible and explicitly extend protection for sexual orientation to our human rights code. Doing so would ensure that Albertans facing discrimination will have explicit recourse in the legal system, but more importantly it will show that we as a society value each and every one of its members regardless of who or how those members choose to love. Mr. Speaker, we are near the end of the first decade of the 21st century. It is long past the time for Alberta to join the other Canadian jurisdictions by explicitly recognizing and protecting civil rights of our gay, lesbian, transgendered, and bisexual citizens."

On May 15th, NDP MLA Rachel Notley (Edmonton Strathcona) again asked the Minister of Culture Lindsay Blackett (Calgary NW)  to amend the human rights code to prohibit discrimination on the basis of sexual orientation.

"Here in Alberta the government still won’t amend the human rights code to prohibit discrimination on the basis of sexual orientation. To the minister responsible for human rights: in the spirit of striking an important blow against homophobia, will the minister reconsider his previous statements and do the right thing by introducing legislation to include sexual orientation as a ground protected against discrimination?"

Mr. Blackett responded with a resounding no.

"Given that your so-called consultation on the issue has no budget, no timetable associated with it, will you admit that there is no consultation process and that you’re simply trying to delay until the issue maybe gets dropped?" Notley asked in response.

"I am not going to admit that," replied Blackett.  "I never said the word consultation. I talked about review in the context of, first, within our department. You’re trying to put words in my mouth, and I’m not going to agree to this."

When Notley pressed by asking if the PC government has written policy that opposes homophobia and discrimination based on sexual orientation, he replied "As it stands right now, the implication from the Supreme Court decision is that gays and lesbians are protected in Alberta, and if individuals were to go to our website or talk to anybody on the Human Rights Commission, they would find out that they are indeed protected, and we will stand up for them."

A week later, Hehr once again brought up the subject.

"Last week the hon. Minister of Culture and Community Spirit indicated in no uncertain terms that this government would not add sexual orientation to the enumerated list of protections already granted in human rights legislation. To the minister. History has shown that when a minority group such as disability or race is listed as a protected ground of discrimination, the members of that group gradually suffer less prejudice. Can the minister tell me why race and disability are currently enumerated grounds but not sexual orientation?"

"I’ve said in this Legislature before, we are going through a review of the entire Human Rights Commission. Issues of sexual orientation will be looked at if and when we decide to implement new legislation," Blackett replied.

"These Albertans deserve equal protection under Alberta law. In fact, they need it more now than other minority groups in Alberta today. To the same minister: when considering the effectiveness of our human rights legislation, how does this minister explain to a gay, bisexual, lesbian, transgendered, or transsexual individual the current decision of this government?" Hehr asked.

"As I will explain to Murray Billett, who’s an advocate for gay and lesbian rights in this province later on this afternoon, they are protected under legislation now as mandated by the Supreme Court decision. Right now on any type of complaint they are respected and they are protected, and we will continue to do so."

Hehr then spoke from his own experience as a quadriplegic, a result of being an innocent victim in a drive by shooting in 1991.

"As I know from personal experience – and possibly the minister may well know through his own personal experience – individuals in minority groups look to their government to protect their legal rights. Why is this government not leading the fight to protect people of differing sexual orientation from discrimination?"

"As the hon. member says, yes, I understand from personal experience what discrimination is all about. The very thing is that it’s protection for all Albertans that we’re concerned with, not just one particular group," Blackett, who is part of a minority himself, replied. "There are advocates for other groups, for all Albertans irrespective of race, colour, or creed. I’ve said before many times in this House that when the time comes, after we’ve gone through and made sure that the process works for all Albertans, we will look at the legislation, and we’ll look at making changes to help those particular groups."

Ten years and no change. The PC government insists that we are already protected, and yet refuses to make the necessary amendments to reflect this.  Perhaps only by continuing to voice our concerns, by continuing to apply pressure to those with the power to make this vital change, will this policy ten years in the making finally come to light.

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Contributor Benjamin Hawkcliff |

Locale Edmonton |

Person Kent Hehr | Rachel Notley |

Topic Alberta Liberals | Alberta NDP | Politics | Vriend |