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Legal Action

A chronological listing of court documents (facta and affidavits).

A VICTORY FOR LGBT HUMAN RIGHTS OR A RACE TO THE SUPREME COURT?
December 18, 2008
EGALE CANADA FILES TO INTERVENE IN CHRISTIAN HORIZONS’ APPEAL  Full Text

Open Letter to The Hon. Stephen Harper from Law Professors Regarding Re-Opening Same-Sex Marriage
January 16, 2006
Dear Mr. Harper, You have made clear that, if you become Prime Minister, your government will ask Parliament if it should re-define marriage to take away from same-sex couples the right to civil marriage.  Full Text | In French

Top Court says Sex Clubs Legal - Morality of some should not be imposed on others
December 21, 2005
Today the Supreme Court of Canada ruled in the cases of R. v. Labaye and R. v. Kouri that the provision of the Criminal Code prohibiting the operation of a "common bawdy-house" was not violated  Full Text

Trans Legislative Needs Assessment
April 7, 2004
This research project was an exploration of the violence, discrimination and harassment trans people in the Ottawa area face as a result of their gender identity and gender expression. The goal of this project was to identify and articulate needed...  Full Text

Bawdy House Case
November 28, 2003
The Criminal Code makes it an offence to keep or be found in a “bawdy house,” which includes any “public place” where “acts of indecency” occur. Unfortunately, a “public...  Full Text | In French

Memorandum of Argument
November 12, 2003
The Moving Party Egale Canada Inc. (“Egale”) is Canada’s only national organization that advocates equality and justice for lesbians, gays, bisexuals and transgendered people (“LGBTs”) and their...  Full Text

Affidavit of Ian Laurie Arron
November 12, 2003
I, IAN LAURIE ARRON, of the City of Toronto, in the Regional Municipality of Metropolitan Toronto, MAKE OATH AND SAY: I am the Director of Advocacy of Egale Canada Inc.(“Egale”) and am the Chair of Egale’s Equal Marriage...  Full Text

FAQ on Equal Marriage in Canada
October 1, 2003
Does equal marriage apply across Canada? Short answer: In theory, yes! In practice, the situation is unclear everywhere except Ontario and B.C., where it unambiguously does apply.  Full Text | In French

Urgent Notice Concerning Same-sex Benefits
January 1, 1999
Have you been involved in a committed relationship with a partner of the same gender who died after 1985?  Full Text

M & H v Ontario Backgrounder
March 3, 1998
The case is known as M & H. V Ontario. It concerns an appeal by the Government of Ontario of an Ontario Court of Appeal decision involving a lesbian couple whose relationship ended. M applied for spousal support from her ex-partner H....  Full Text | In French

Factum of the Attorney General: Beaulne Case
November 2, 1992
On 16 January 1992, the applicants attended at the office of the City Clerk of the City of Ottawa and submitted a completed marriage licence application form, dated 7 January 1992.  Full Text

Factum of the Metropolitan Community Church of Ottawa/Eglise Communautaire Metropolitaine d’Ottawa: Beaulne Case
November 2, 1992
The Metropolitan Community Church of Ottawa/Eglise Communautaire Metropolitaine d’Ottawa (“the Church”) is a Christian church for all people with a special outreach to the lesbian and gay communities...  Full Text

Factum of the Intervenor - The Evangelical Fellowship of Canada: Beaulne Case
November 2, 1992
In this appeal, the appellants contend that at issue is whether the common law rule that marriage can occur only between a man and a woman is unconstitutional. The real issue in this appeal is whether the courts should...  Full Text

Factum of the Appellants: Beaulne Case
November 2, 1992
This is an appeal from a decision of the Ontario Court (General Division) Divisional Court, dismissing the application of the appellants Beaulne and Layland for judicial review of a refusal...  Full Text

Ontario Court of Appeal, Marriage Hearing
April 22, 2003
Report from Laurie Arron  Full Text

Ontario Same-Sex Marriage Decision
July 17, 2002
This Fact Sheet has been developed by Egale to respond to some of the common questions raised by the recent historic Court ruling in favour of same-sex marriage. The ruling is, however, only a first step. The Fact Sheet therefore concludes with some...  Full Text

Excerpts from the Judgment of MacKinnon J. in the Marc Hall case
May 10, 2002
School is a fundamental institution in the lives of young people. It often provides the context for their social lives both in and outside of school hours. Recreational activities such as sports, clubs and dances, which are important in the development...  Full Text

Marc Hall Hearing
May 9, 2002
After a colourful press conference on the steps of the courthouse, at which Marc Hall (hair freshly-dyed for the occasion), his partner JP and many others gathered in front of rainbow flags and signs advocating tolerance and respect, Marc’s...  Full Text

Report from the Court
November 15, 2001
It was certainly a day of great excitement at the Montreal Palais de justice.  Full Text | In French

Reports from the Court in the Ontario Marriage Challenge
November 9, 2001
Day 1   Day 2   Day 3   Day 4   Day 5.  Full Text

Affidavits
November 7, 2001
Je soussigné, Sylvain CÔTÉ, domicilié et résidant au 3471 rue Gascon, Montréal, Québec, H2K 2W8, déclare solennellement ce qui suit:  In French | ZIP File (FR)

Affidavit de Roger LECLERC
November 7, 2001
Je soussigné, Roger LECLERC, domicilié et résidant au 3515, rue Cartier, Montréal, Québec, déclare solennellement ce qui suit:  In French | DOC File (FR)

Ontario Superior Court of Justice
November 7, 2001
Divisional Court  Full Text | DOC File

Ontario Marriage Challenge
November 5, 2001
On November 5, 2001, an Ontario Court is hearing the case of eight same-sex couples seeking the right to marry, together with a companion case brought by the Metropolitan Community Church of Toronto. The national lesbian, gay, bisexual and...  Full Text

Profiles of the couples from the Metropolitan Community Church
November 5, 2001
The Metropolitan Community Church of Toronto (MCCT) is part of the Universal Fellowship of Metropolitan Community Churches (UFMCC), founded by the Reverend Elder Troy Perry in 1968. With a ministry to all people, and a large lesbian and gay...  Full Text

Toronto Equal Marriage Challenge
November 5, 2001
8 same sex couples (see Profile of the Couples), represented by Martha A. McCarthy and Joanna L. Radbord of Epstein Cole (the “Applicant Couples”). These couples applied for marriage licenses and were refused on the basis that they were of...  Full Text

Cours Supérieure
October 29, 2001
Michael HENDRICKS  In French

Superior Court
October 15, 2001
No. 500-05-059656-007 Michael Hendricks and René Leboeuf,  Full Text

Ontario Superior Court of Justice
October 12, 2001
DIVISIONAL COURT  Full Text | DOC File

EGALE’s Factum to the Ontario Court in the Ontario Marriage Challenge
October 12, 2001
B E T W E E N:  Full Text

Ontario Superior Court of Justice
October 11, 2001
BETWEEN:  Full Text | DOC File

EGALE Canada Inc. et al. v. Att. Gen. of Canada et al.
October 2, 2001
Date: 2001-10-02  Full Text

Cours Supérieure
September 26, 2001
Michael HENDRICKS  In French

ONTARIO SUPERIOR COURT OF JUSTICE
September 26, 2001
(DIVISIONAL COURT)  Full Text | DOC File

Factum of the Applicant Couples
August 28, 2001
I love this person with all of my heart and soul. I know that I will spend the rest of my life with her regardless of the obstacles we face together and as individuals. Julie is my family in the fullest sense of the word. She is the life of my life and...  Full Text | DOC File

IN THE SUPREME COURT OF BRITISH COLUMBIA
July 18, 2001
Vancouver Registry  Full Text

Afidavits from the couples in the BC Supreme Court Marriage Challenge July 2001
December 15, 2000
Vancouver Registry  Full Text

EGALE’s Factum to the Supreme Court of Canada in the Little Sisters Appeal
March 16, 2000
B E T W E E N:  Full Text

EGALE’s Brief to the Canadian Human Rights Act Review Panel
December 1, 1999
December 1, 1999  Full Text

On Appeal From The Supreme Court of British Columbia
August 24, 1999
Court of Appeal Registry: Vancouver  Full Text

On Appeal From the Supreme Court of British Columbia
August 24, 1999
COURT OF APPEAL REGISTRY: VANCOUVER  Full Text

The Supreme Court of Canada Decision in M. v. H.
May 20, 1999
THE ATTORNEY GENERAL FOR ONTARIO  Full Text

In the Supreme Court of Canada
May 7, 1999
B E T W E E N :  Full Text

In the Supreme Court of Canada
April 26, 1999
B E T W E E N :  Full Text

Equal Families Canada
January 1, 1999
If successful, the Foundation For Equal Families omnibus federal legal challenge will have a direct impact on the lives of lesbians and gays, their partners and their children. These are rights and obligations that all of us in same-sex relationships...  Full Text

Pride Proclamation Case
September 17, 1998
IN THE MATTER of the Human Rights Act, R.S.N.B. 1973, c. H-11, as amended  Full Text

Court Challenges Program
August 14, 1998
In preparation for its annual meetings and national consultation, the Court Challenges Program requested submissions for a number of discussion papers, including one on coalition-building, participatory litigation and strategic litigation. After...  Full Text

Little Sister’s Bookstore and the B.C. Civil Liberties Association Vow to Continue to Fight for Canadians’ Free Speech and Equality
June 24, 1998
Little Sister’s, a gay and lesbian bookstore, and the B.C. Civil Liberties Association have committed to carry their long standing baffle with Canada Customs to the Supreme Court of Canada. ‘Their commitment is the result of a split...  Full Text

History of the Surrey School Board
January 1, 1998
Agreed to install Condom Machines in high schools as a result of a referendum of parents and students in four high schools. (Opposed by trustees Deely, Hutchinson and Stilwell).  Full Text

Book Banning in Surrey—What Happened?
January 1, 1998
As the teacher who sparked the book banning controversy in Surrey, I’d like to inform you of the anti-gay motions passed by the Surrey School Board. These stand in direct opposition to our members’ concerns to strive to eliminate homophobia...  Full Text

How To Stop Book Banning
January 1, 1998
Send a donation to the 'Action Fund to Fight Book Banning In our Schools'. Call the B.C. Civil Liberties Association at (604) 687-2919 for details on how to do this.  Full Text

Kane v. Ontario (Attorney-General)
October 1, 1997
Indexed as:  Full Text | TXT File

Lisa Jacqueline Grant v. South-West Trains Ltd
September 30, 1997
COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES, LUXEMBOURG  Full Text | TXT File

Written Submissions to the British Columbia Human Rights Commission
September 29, 1997
EGALE applauds the initiative taken by the B.C. Human Rights Commission to improve the application of the B.C. Human Rights Code in a number of areas. We are pleased to provide substantive comments on a number of particular issues raised by the...  Full Text

The Impact of the Supreme Court Decision in Egan v. Canada Upon Claims for the Equal Recognition of Same-Sex Relationships
September 17, 1997
The decision of the Supreme Court of Canada in Egan v. Canada dramatically altered the landscape of same-sex equality claims and s.15 analysis in general. The decision, released on May 25, 1995, binds all lower courts and tribunals. Despite its...  Full Text

Boutilier and Treasury Board (Natural Resources)
June 4, 1997
Cited as:  Full Text | TXT File

Sexual Orientation Cases
December 31, 1996
The following (non-exhaustive) case listing was prepared by the Research Branch of the Library of Parliament, at the request of Svend Robinson, MP.  Full Text | In French

M. v. H.
December 18, 1996
Indexed as:  Full Text

Laessoe v. Air Canada
September 13, 1996
IN THE MATTER OF THE CANADIAN HUMAN RIGHTS ACT, R.S.C. 1985, c. H-6 (as amended);  Full Text

Vriend v. Alberta
July 15, 1996
Indexed as:  Full Text | TXT File

Moore v. Canada (Treasury Board)
June 13, 1996
IN THE MATTER OF THE CANADIAN HUMAN RIGHTS ACT, R.S.C. 1985, c. H-6 (as amended);  Full Text | TXT File

Fighting the 'Incremental' Approach
December 31, 1995
In the case of Egan v. Canada, five of the nine Supreme Court justices considered that the restriction of spousal allowance benefits to heterosexual couples constituted discrimination on the basis of sexual orientation. These five judges did not...  Full Text

Factum of the Intervenor Equality For Gays and Lesbians Everywhere (EGALE)
December 31, 1995
IN THE MATTER of the Human Rights Act R.S.N.B., 1973, c. H-11  Full Text

Re Rosenberg et al. and the Attorney General of Canada
September 5, 1995
[Indexed as: Rosenberg v. Canada (Attorney General)]  Full Text

Vogel v. Manitoba
June 14, 1995
Indexed as:  Full Text | TXT File

Egan v. Canada
May 25, 1995
James Egan and John Norris Nesbit, appellants;  Full Text

EGALE Submission to the Supreme Court
October 25, 1994
1.   By order of this Court dated April 7, 1994, Equality for Gays and Lesbians Everywhere/Égalité pour les gais et les lesbiennes (EGALE) was granted leave to intervene in this appeal.  Full Text

Canada (Attorney General) v. Mossop
February 25, 1993
Indexed as:  Full Text

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Egale acknowledges the generous support from following organizations:

Sack Goldblatt Mitchell LLP

Ridout & Maybee LLP

VIA Rail Canada

CUPE 4400

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Advancing equality and justice for lesbian, gay, bisexual, and trans-identified people and their families across Canada