INDEPTH: SAME-SEX RIGHTS
CBC News Online June 29, 2005

Gay rights in Canada have come a long way since 1965. That year, Everett Klippert told police investigating a case of arson that he was homosexual and that he had been having sex with men for 24 years.

Klippert was charged with gross indecency and sentenced to three years in prison. While doing his time, he was interviewed by two psychiatrists who concluded that Klippert could be described as a dangerous sexual offender.

He was ordered jailed for life. Two years later, the Supreme Court of Canada upheld the sentence.

In 1969, the federal government decriminalized homosexuality. Klippert would remain in prison until July 20, 1971.

Ten years later, Toronto would hold its first Gay Pride Day, an event that has become the second-largest annual celebration in North America of gay life.

As the 25th annual pride week wound up, Canadian politicians prepared to pass legislation that would change the definition of marriage to include the unions of same-sex couples. Most provinces had already moved to recognize same-sex marriage.

On June 17, 2003, then-Prime Minister Jean Chrétien announced his intention to legalize same-sex unions. The draft legislation would also recognize the rights of religious groups to "sanctify marriage as they see fit." The decision meant the federal government would not appeal lower court rulings that same-sex couples had the same right to marry as opposite-sex couples.

The issue has caused an uproar among many church leaders and traditionalists, who argue the government does not have the right to redefine marriage.

But on Dec. 9, 2004, the Supreme Court of Canada ruled that Ottawa does have exclusive jurisdiction to decide who has the right to get married in this country – but that religious groups are not obliged to perform unions against their beliefs.

The decision means that same-sex marriages performed in eight provinces and one territory are legal and must be recognized. Same-sex marriages are not performed in Alberta, P.E.I., Nunavut and the Northwest Territories, but the Nunavut government will recognize same-sex marriages performed elsewhere.

The fight may not be over – Alberta's justice minister responded to the Supreme Court decision by saying the province's marriage law, which defines marriage as a union between a man and a woman, won't be changed.

http://www.cbc.ca/news/background/samesexrights/