ABSTRACT

This chapter provides an outline of the specific provisions protecting freedom of religion and non-discrimination rights in each jurisdiction. The legal prohibition of sexual orientation discrimination has been a long and slow process, and has received consistent opposition at every stage, much of it religiously based. Sexual orientation discrimination in employment was prohibited by the Employment Equality Regulations 2003 as a result of an EU directive. Protection of both freedom of religion and non-discrimination is primarily given by the Canadian Charter of Rights and Freedoms and the federal Canadian Human Rights Act and Human Rights Codes of each province. The Human Rights Act 1998 incorporated the Convention into English law. The Human Rights Act too only applies to public bodies. Subsequently, in Vriend v Alberta it was held that each province's Human Rights Code must prohibit sexual orientation discrimination by private actors. Religious discrimination is also prohibited in employment and the provision of goods and services.