Pride Versus Prejudice

To fully understand how this historic Supreme Court decision changed the way we understand the Canadian Charter of Rights and Freedoms, we will need to look back at the political and social reality of being a 2SLGBTQI+ Canadian in the tumultuous decades leading up to the court challenge.

Welcome to episode 1 of Vriend Versus Alberta.

In the previous episode of Vriend Versus Alberta we learned how the creation of the Canadian Charter of Rights and Freedoms laid the groundwork for 2SLGBTQI+ activists to begin pressing for progressive reform in Alberta.

All that was needed was a cause to rally behind; an injustice that could be used to launch a challenge to the exclusion of sexual orientation from Alberta’s human rights legislation.

That injustice would take place on January 28th, 1991 when a laboratory coordinator employed at The King’s College would be fired for being gay.

This man was Delwin Vriend.

Welcome to episode 2 of Vriend Versus Alberta.

When Delwin Vriend was fired from his job at a Christian college for being gay, he had two choices; he could accept his termination, or fight back.

He chose to fight. The first step was to file a complaint to the Alberta Human Rights Commission, but after the Commission denied his request it was time to take the Alberta Government to court.

In this episode we look at the series of serendipitous events that brought Delwin’s legal team together to continue the arduous journey toward equality for Canada’s 2SLGBTQI+ community.

Welcome to episode 3 of Vriend Versus Alberta.

With his legal team behind him, Delwin Vriend won his case at the Alberta Court of Queen’s Bench. Justice Russel pulled no punches in her written ruling, stating that discrimination against the gay and lesbian communities was an historical, universal, notorious, and indisputable social reality.

It was a big win for Delwin and his team, however it would be short lived as the Government of Alberta appealed the ruling. The next stage in the legal process would not be so kind to Delwin’s pursuit for equality for Alberta’s 2SLGBTQI+ community.

Welcome to episode 4 of Vriend Versus Alberta.

The Supreme Court of Canada granted Delwin Vriend’s legal team the leave to appeal Justice McClung’s ruling in the Alberta Court of Appeal. As the team arrived in Ottawa, the excitement and tension was palpable. It was their last shot to compel the Government of Alberta to include “sexual orientation” as  protected ground in the Province’s human rights legislation.

In this episode, we take a deep dive into Sheila Greckol’s opening argument and visit a few of the submissions from the many interveners who spoke in support of Delwin’s case.

This would conclude the first half of the hearing before the Government of Alberta took the stand to argue its defense.

Welcome to episode 5 of Vriend Versus Alberta.

Sheila Greckol had delivered her opening arguments at the Supreme Court of Canada. It went well as she presented her submission in support of reading in sexual orientation as a protected ground in Alberta’s human rights legislation.

Now it was the Government of Alberta’s turn to defend its stance.

As the Province’s lead counsel took to the lecturn, the equality of countless Canadians hung in the balance.

Welcome to episode 6 of Vriend Versus Alberta.

Dewlin Vriend and his legal team returned home from the Supreme Court of Canada to find a massive crowd waiting for them at the Edmonton International Airport.

Alberta was in a frenzy, and the anticipation built as the province waited for the Supreme Court to issue its ruling on the future of equality for Alberta’s Queer and Trans community.

It was going to be a close call.  Delwin’s legal team’s hopes rested with Justice Sopinka — the swing vote.

But a week after the hearing, the tragic news of Justice Sopinka’s death shocked the nation.

Now, it was anyone’s guess as to which way the ruling would go.

In this episode, we learn about the Supreme Court’s ruling on Vriend v. Alberta and how the media factored into the public debate and warring PR campaigns over the use of the notorious Notwithstanding Clause.

Welcome to episode 7 of Vriend Versus Alberta.

The Supreme Court had ruled that sexual orientation should be read into Alberta’s human rights legislation. But the Alberta Government had one more tool it could use to deny equality to its Queer population.

That option was the Notwithstanding Clause.

The province slipped into turmoil as the Alberta Government debated whether or not to invoke the Notwithstanding Clause.

As Premier Ralph Klien remained silent, hate and vitriol bubbled to the surface of public discourse resulting in massive letter-writing campaigns and death threats.

Welcome to episode 8 of Vriend Versus Alberta.

The Supreme Court’s ruling on Vriend v. Alberta has impacted the lives of countless 2SLGBTQI+ people. Not just in Alberta, not just in Canada, but around the globe.

In this episode we look at the ripple effect Vriend v. Alberta has had over the past 25 years since first making its splash at the Alberta Court of Queen’s Bench in Edmonton.

We also return to where this story began, and look at how The King’s University has worked to address its complicated legacy as ground zero for the court case that brought equality to Alberta’s and Canada’s 2SLGBTQI+ communities.

Welcome to episode 9 of Vriend Versus Alberta.

*CORRECTION: Dr. Kristopher Wells is the Canada Research Chair for the Public Understanding of Sexual and Gender Minority Youth at MacEwan University.

Though the Supreme Court’s ruling on Vriend v. Alberta helped pave the way for equality for Canada’s 2SLGBTQI+ communities, maintaining the road to dignity for all has been tumultuous.

There have been many setbacks, followed by advances, followed by setbacks in the subsequent years.

It took the Government of Alberta (GOA) 11 years to officially add the words “sexual orientation” to its human rights legislation.

It also amended its education act to prohibit teachers from mentioning sexual orientation in schools without advising parents first. This was Alberta’s equivalent to Florida’s “Don’t Say Gay” bill.

And it rolled back equality rights by removing privacy protection for 2SLGBTQI+ youth who were involved in Gay/Straight Alliances at their schools.

But there have also been administrations, regardless of their political leanings, that have worked to repair and advance the path forward including Allison Redford, David Hancock and Rachel Notley.

In this episode, we will explore the importance of individual activism, as the pivotal movers in our story reflect back on what was one of the more memorable experiences in their lives.

And we’ll hear their advice for changemakers who are looking to carry the torch.

Welcome to the final episode of Vriend Versus Alberta.