Sexual Orientation--5 Year Report

In 1993, the Saskatchewan Human Rights Code was amended to make it illegal to discriminate in Saskatchewan on the basis of sexual orientation. Before that time, gay men and lesbians had no protection against discrimination in employment, education, public services, housing, or other important areas of public life covered by provincial law.

The addition of sexual orientation to the Code has not triggered a large number of complaints. There have been a total of 36 complaints on the basis of sexual orientation since the law was changed. They accounted for 3.1 percent of all complaints in 1993; 2.3 percent in 1994-95; slightly less than one percent in 1995-96; 2.1 percent in 1996-97; and 2.4 percent in 1997-98.

"I don't want specific rights, I just want equal rights."

- Svend Robinson, M.P., Human Rights Conference, Edmonton, November 1998

These statistics may not tell the whole story, however. The cases that come to us suggest there is more widespread intolerance towards gay men and lesbians than towards other groups. For example, complaints about publications promoting hatred account for a small part of the Commission's case load overall; in the past five years, they have represented between zero and 1.7 percent of all complaints. In contrast, 19 percent of all sexual orientation complaints received by the Commission have been complaints about hate literature.

Because of this intolerance and because the Commission's complaint process attracts attention, some individuals may be deterred from complaining because they do not want their sexual orientation to be publicly disclosed.

The number of completed cases is still small, but they provide some examples of situations that can be addressed by the complaint system. Kerry Barrett's complaint against his employer, the Government of Saskatchewan, involved dental benefits for a same-sex partner. It is summarized in the "Settlements" section of this newsletter. Several other workplace complaints were resolved informally. In one, a man working as a shipper and receiver alleged his co-workers were harassing him because of his sexual orientation. That case was resolved amicably through an early resolution agreement that paid the complainant $1,500 compensation and arranged for his return to the workplace, where he now serves on the health and safety committee.

Has the amendment to the Code had an impact on the lives of gay men and lesbians? According to Gens Hellquist, Executive Director of Gay and Lesbian Health Services in Saskatoon, the amendment to the Code has been important. He says, "It gives people a means to seek redress when they think they have been discriminated against." Hellquist believes the legislative change sent a strong public message that discrimination because of sexual orientation is not acceptable. However, he also fears that some people are simply becoming less blatant in their discrimination against gay men and lesbians.

"Adult" Condominiums and Human Rights Law

"Adult" condominiums appear to be a reality of everyday life in Saskatchewan. But do they comply with the Saskatchewan Human Rights Code?

The Code was amended in 1993 to accomplish two objectives with regard to housing accommodation. First, it was amended to prohibit discrimination in housing on the basis of family status (the state of being in a "parent-child relationship"). It was also amended to permit the sale, rental or lease of housing accommodation exclusively to occupants who are "over 55 years of age." These two sections may appear to be at odds with one other. Are you not discriminating against families if you can sell or rent exclusively to those over 55?

We believe these two sections must be read together. In other words, developers cannot refuse to sell to families with children unless

they are selling units that will be occupied only by people who are over 55 years of age. The qualifying age cannot be 50, 45 or younger, for example.

The Saskatchewan Human Rights Commission has asked developers to ensure their advertisements reflect the letter of the law. They can do this by specifying in their ads that units are available only to occupants who are 55 years and older, instead of just using more general descriptive phrases like "adult condos" or "seniors condos."

Generally, the Code does prohibit discrimination against families with children in the rental, sale or lease of housing accommodation. The one exception is for housing intended for exclusive occupancy by people who are over 55.