Overwhelmingly, laws prohibiting discrimination on grounds of sexual orientation are upheld in Canada. In 2010, it was found that seven out of every ten Canadians supported same-sex marriage. A majority of Canadians support gay marriage for example.

That said, there is important critical research being conducted in Canada. In September 2015, Envisioning Global LGBT Human Rights published a report entitled ‘Envisioning LGBT Refugee Rights in Canada: Is Canada a Safe Haven?’. The report examines the experiences of LGBT refugee claimants and refugees living in the Greater Toronto area and the experiences of community workers providing services to this population. In its executive summary, the report:

‘points to the need for a larger vision of systematic change with regard to the RSD system for LGBT asylum seekers, and argues that LGBT refugees require greater secure access to services such as housing, employment, and healthcare.’

Specifically on the claims process, the report states that the aforementioned reform to the Immigration System Act reduces the timeline for claimants’ application to the extent that it has a detrimental extent for LGBT refugees.

Additionally, the report states that decision makers continue to ask LGBT persons for affirmation or proof of their sexual orientation or gender identity, using a Western framework of terms which might not always be translatable for many facing SOGI persecution. The report suggests that greater emphasis needs to be placed on the threat of persecution rather than searching for proof of identity.

Sadeghi-Pari v. Canada (Minister of Citizenship and Immigration), 2004 FC 282

In 2004, the Federal Court overruled an Immigration Board decision that a woman should conceal her sexual orientation to avoid persecution, arguing that ‘expecting an individual to live in such a manner could be a serious interference with a basic human right, and therefore persecution’. This ruling consolidated the notion that refugees would not be expected to conceal their sexual orientation or gender identity to return safely.

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, Canada: Supreme Court, 30 June 1993

In this landmark case, the Court ruled that one should not be forced to be discrete about one’s sexual orientation or gender identity in the country of origin, and also that the requirement for concealment of one’s LGBTQI+ identity amounted to persecution itself.

In 2012, the Protecting Canada’s Immigration System Act (Bill C-31) received Royal Assent, bringing further reform to the asylum system. Concerning LGBTQI+ refugees and SOGI claims, Canada began to recognise ‘Designated Countries of Origin’ [DCO] – countries which do not normally produce refugees and normally offer state protection. Among such ‘safe countries’ is Mexico, from which Canada’s Immigration Board receives numerous claims for SOGI protection. The summary of changes and how they affect SOGI claimants can be found here.