ABSTRACT

This chapter provides a broad overview of the sexual orientation and gender identity (SOGI) landscape, noting the features that are most characteristic of the jurisdiction. It explains the relevant international and domestic legal context and identifies the main laws, courts and governing principles. Canada has a well-earned international reputation of being at the forefront in building a domestic framework of SOGI-related legislation and in developing the law and practice on SOGI issues. The Canadian Charter of Rights and Freedoms proclaims the fundamental freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. In Canada, the provision of commercial services can provide a context for discrimination which is often rooted in a conflation of religious belief and sexual orientation. The relevant cultural context is one in which tensions in the law between religious freedom and equality are having a considerable influence.