LEGAL PROCESS
See also LAW and other headings noted at that entry. Also see geographic subdivisions
of LEGAL PROCESS, below.
NOTE: This heading has not been used to collect references to human rights tribunal
hearings. It concentrates on matters related to the various levels of courts of law -
trials, hearings, rulings, etc. It also includes several references to gay judges.
LEGAL PROCESS -- ALBERTA
Calgary commentary [regarding Gordon Summer [Summers?] matter, in which Summer,
HIV-positive, charged with aggravated assault for having unprotected sex with
several hundred women and men; June trial]. By Joey Sayer.
P49 (v7n4)(May 31, 1989): 21-22 (38cm.)
A year in jail [Summers (or Summer?), HIV-positive, pleads guilty to "being a common
nuisance"; two women refused to testify].
P51 (v7n6)(Aug. 23, 1989): 7-8 (14cm.)
Waiting for the outcome [newsnote that court decision expected soon in Alberta on
whether non-biological parent in relationship will be permitted to adopt;
result of suit by two lesbian couples; additional comments].
P131 (v17n6)(Sept. 15, 1999): 12 (19cm.)
Adoption victory [in Alberta; two lesbian couples had gone to court when non-biological
partner was refused right to adopt partner's biological child; details and brief
background; reactions].
P133 (v17n8)(Dec. 8, 1999): 14 (29cm.)
Fighting intestate law [Brent Johnson is going to court to argue that it is unfair for
him to be denied part of estate of same-sex partner who died without a will].
P143 (v19n2)(March 14, 2001): 14 (13cm.)
Klein supports equality [report that Brent Johnson successful in court fight to have
Alberta's Intestate Succession Act declared unconstitutional; Johnson's
partner, Larry Sand, had died without a will; more general comments on
Ralph Klein having "come out in support of gay and lesbian rights" and
report that he had been shocked at sentiments expressed in the messages sent to
him following the Vriend court victory; etc.].
P144 (v19n3)(April 25, 2001): 19 (34cm.)
Trials delayed again [concerning the aftermath of Calgary police raid on
Goliath's Saunatel, a bathhouse; Terry Haldane has had case postponed
three times; new group called Diversity in Society Coalition formed as
result of raid; note that Goliath's Defense Fund has been set up; etc.].
P160 (v21n3)(April 16, 2003): 8 (47cm.)
More Goliath's delays [concerning delay in trials connected with Goliath's
Saunatel bathhouse raid in Calgary in December; Terry Haldane was only
one of 13 arrested as found-ins to plead not guilty and take the trial route;
other details].
P161 (v21n4)(May 28, 2003): 13 (18cm.)
Trial on hold [another postponement in the trials resulting from Calgary police
raid on Goliath's Saunatel, a bathhouse; details of reasons offered for
delay; names given of owners, employees, and the one "found-in,"
Terry Haldane, who has determined to fight his case].
P165 (v21n8)(Dec. 3, 2003): 12-13 (37cm.)
Slow wheels of justice [those arrested in raid on Goliath's, Calgary bathhouse,
will have to wait another nine months; trial date set for October 18, 2004;
details regarding Terry Haldane, the one "found-in" who is challenging
the charge; involvement of EGALE; other matters regarding those
charged as keepers, who had new court date set for April 1, 2004;
request for defence fund donations for Haldane; etc.].
P166 (v22n1)(Jan. 28, 2004): 11 (31cm.)
Goliath's back in court [owner, Darrell Zakreski, in court April 1; some details of
arguments of defence lawyer; etc.].
P168 (v22n3)(April 21, 2004): 12 (22cm.)
First round loss [Goliath's bathhouse "lost the first round in their legal fight after
police raided the gay sauna in December of 2002"; one Calgary activist
"doesn't believe Goliath's should be considered a public space," since
patrons have to be signed in through two locked doors, etc.; trial will
now focus on whether the sexual activity constitutes indecent acts;
ruling was by Judge Terence Semenuk; other details].
P170 (v22n5)(July 21, 2004): 21 (35cm.)
Crown drops charges [Terry Haldane reported angry that Alberta Crown has
decided to stay charges against him as a found-in during police raid on
Goliath's on December 12, 2002; Crown Counsel David Torske says
charges taking too much time, but Haldane was mounting charge against
the bawdy house laws themselves, which would have been a bigger issue
for the Crown; Crown is not dropping charges against those "charged
with knowingly allowing the premises to be used as a common
bawdyhouse"].
P173 (v22n8)(Dec. 8, 2004): 12 (33cm.)
LEGAL PROCESS -- BRITISH COLUMBIA
[Newsnote that Rob Joyce, Vancouver gay activist, is "still fighting a demotion and
wrongful dismissal suit" for loss of position at youth hostel].
P25 [1986]: 7 (5cm.)
Joyce drops fight [claiming wrongful dismissal and defamation against BC Ministry of
the Attorney General; felt government had almost infinite financial and legal
resources; history of the case given]. From Rites.
P31 (March 11, 1987): 24 (29cm.)
Lesbian becomes lover's guardian [B.C. Supreme Court gives Gail Meredith control over
lover, Judy's legal affairs, after Judy falls ill].
P37 (Dec. 1, 1987): 13 (12cm.)
Gay divorcees [recent BC Supreme Court decision in Michael Forrest and William
Price case awarded Forrest a common-law property settlement; Justice Boyd].
P79 (v11n2)(March 10, 1993): 14 (16cm.)
Dignity [observations and comments of author, who attended opening of the trial,
October 11, 1994, in which Little Sister's Book and Art Emporium sues
Canadian Minister of Justice (Canada Customs) in British Columbia Supreme
Court, Vancouver]. By Peter Millard.
P92 (v12n7)(Oct. 26, 1994): 4 (78cm.)
; see also related news report, titled
"In court at last," P92:20.
Little Sister's in court [report of continuation of trial in British Columbia Supreme Court
of lawsuit of Little Sister's Book and Art Emporium against Canada Customs;
report of testimony of Pierre Berton, Nino Ricci, Pat Califia, and of Canada
Customs spokespersons].
P93 (v12n8)(Dec. 7, 1994): 19 (56cm.)
Little Sister's: waiting for the verdict [in Vancouver court challenge of Canada Customs].
P94 (v13n1)(Jan. 25, 1995): 23 (23cm.)
Homosexual panic challenged [Vancouver group, the December 9 Coalition, begins
campaign against admissibility of "homosexual panic" as a legal defence; this
action grew out of murder of Vancouver gay man, Kenneth Gaspard, last fall;
details of murder, conviction, and campaign].
P99 (v13n6)(Sept. 13, 1995): 24 (23cm.)
Ignorance no excuse [BC Court of Appeal says existing law cannot be used to compel
disclosure of HIV status to partner nor to ensure safe sex by either partner;
Henry Cuerrier, HIV-positive, had been charged after having unprotected sex with
two women; details and comments].
P110 (v15n1)(Jan. 29, 1997): 24 (24cm.)
Book ban overturned [BC Supreme Court overturns Surrey School Board ban of three
gay-themed children's books; details, including titles of books].
P126 (v17n1)(Jan. 27, 1999): 24 (41cm.)
Surrey Board appealing [BC Supreme Court decision overturning school board's ban
on three gay-themed books; opinions of various individuals reported, including
those of gay teachers, James Chamberlain and Murray Warren, and of gay BC
MLAs Ted Nebbeling and Tim Stevenson; etc.].
P127 (v17n2)(March 10, 1999): 23 (31cm.)
Teacher wins class action [James Chamberlain, teacher in Surrey, B.C., "won a suit
against his school board for pulling a student from his class"; some details of
case and ruling].
P127 (v17n2)(March 10, 1999): 25 (13cm.)
Out BC judge [first openly gay judge in British Columbia history; Gary Cohen took seat
at Coquitlam courthouse February 15, 1999; some personal details].
P128 (v17n3)(April 21, 1999): 23 (21cm.)
Should bigots teach? [Trinity Western University has been trying for four years to gain
accreditation for its teacher-training program from B.C. College of Teachers;
College of Teachers feels teachers taught to discriminate against homosexuals;
case in the courts; details].
P134 (v18n1)(Jan. 26, 2000): 23 (48cm.)
Straight student sues [Azmi Jubran "launched a suit against the North Vancouver
School Board for its failure to intervene when he was harassed for his
perceived sexual orientation"; case before BC Human Rights Tribunal;
article claims this "will have very far-reaching impact"].
P140 (v18n7)(Oct. 25, 2000): 26 (12cm.)
Sue the bastards [newsnote that two gay men, victims of vicious homophobic attack,
won civil case against their bashers; B.C. Supreme Court Justice Warren Wilson
ordered Anton Svedruzic, David Troung, and John Troung to pay victims
$83,500; assault occurred five years ago].
P142 (v19n1)(Jan. 31, 2001): 27 (10cm.)
The final barriers [newsnote that two British Columbia lesbian couples taking
provincial government to court "over one of the last laws that discriminate
against same-sex couples"; couples want to register both partners as parents of
newborn conceived through assisted insemination; feel that being required to go
through adoption procedure discriminatory].
P143 (v19n2)(March 14, 2001): 26 (14cm.)
Battle over costs [in case of Surrey School Board against James Chamberlain and
Murray Warren regarding banning of gay-themed books; Surrey board has
filed application for legal costs after BC Court of Appeal reversal supporting
school board; etc.].
P143 (v19n2)(March 14, 2001): 28 (12cm.)
B.C. couples fight [B.C. Supreme Court judge "is deliberating over a July court case of
eight same-sex couples who challenged the constitutionality of the country's
marriage laws"; decision expected by late October; details].
P147 (v19n6)(Sept. 12, 2001): 25 (34cm.)
Judge admits it's discrimination [in case of eight same-sex couples challenging federal
government that exclusion of same-sex couples from marriage was against the
Charter, B.C. Supreme Court Justice Ian Pitfield agreed that this was
discrimination, but discrimination acceptable because he judged Charter
supported marriage's function of raising children; B.C. government withdrew
from case when Liberals replaced NDP as provincial government; other details].
P148 (v19n7)[misnumbered v19n6 on contents page](Oct. 24, 2001): 26 (32cm.)
Not woman enough [Kimberly Nixon, a "post-operation male-to-female,"
lost when Rape Relief appealed human rights decision to British Columbia
Supreme Court; she was not allowed to volunteer with Rape Relief
because she was not born a woman; many details of case; "Nixon will be
taking the case to the provincial Court of Appeal...[and] is determined to
take her case all the way to the Supreme Court"; Nixon's lawyer, barbara
findlay, says, "The question of who is a woman can only be answered by
the individuals themselves"].
P166 (v22n1)(Jan. 28, 2004): 25 (63cm.)
Webster murder trial unsettling [report on the murder of Aaron Webster,
November 17, 2001; trial of Ryan Cran and Danny Rao began
November 15, 2004; various details].
P173 (v22n8)(Dec. 8, 2004): 28 (28cm.)
LEGAL PROCESS -- CANADA
See also, e.g., CANADA CUSTOMS; COURT CHALLENGES PROGRAM; HUMAN
RIGHTS -- CANADA
Some federal cases are accessible directly under names of challengers; e.g.,
EGAN, JAMES; FONTAINE, GILLES; MOSSOP, BRIAN;
VEYSEY, TIMOTHY
[Newsnote that Supreme Court of Canada has ruled that a photograph, private and not
intended for publication, of two men engaged in fellatio is obscene; case arose in
Ontario in 1980].
P25 [1986]: 6 (5cm.)
Commentary -- a personal viewpoint [Supreme Court declares abortion law
unconstitutional; gives hope for gay/lesbian rights]. By Gens Hellquist.
P39 (Feb. 24, 1988): 7-8 (46cm.)
Judges given limited powers ["Supreme Court ruled July 9/92 that judges have limited
powers to extend social benefits and laws that they find discriminatory....";
unanimous ruling; potential for effect on gays/lesbians; etc.].
P74 (v10n5)(July 29, 1992): 20 (15cm.)
Homosexual panic challenged [Vancouver group, the December 9 Coalition, begins
campaign against admissibility of "homosexual panic" as a legal defence; this
action grew out of murder of Vancouver gay man, Kenneth Gaspard, last fall;
details of murder, conviction, and campaign].
P99 (v13n6)(Sept. 13, 1995): 24 (23cm.)
Things may change [primarily comments on the Delwin Vriend case in the Supreme
Court of Canada, on which two days of hearings began November 4, 1997;
Supreme Court expected to decide in new year].
P117 (v15n8)(Dec. 3, 1997): 10 (66cm.)
"Faggoty dressup party" [Ian Binnie appointed to Supreme Court of Canada; concern
in gay community because of his past arguments against gay rights; etc.].
P119 (v16n2)(March 18, 1998): 22 (28cm.)
"Ha, ha, I win!" [report of the decision of Supreme Court of Canada on April 2, 1998 in
Delwin Vriend case; history of the case; reactions to the ruling; etc.].
P120 (v16n3)(April 29, 1998): 11-12 (87cm.)
Historic decision [Supreme Court of Canada ruled on May 20, 1999 in the M v. H case
regarding rights of gay/lesbian couples; gave Ontario six months to amend its
legislation to conform to ruling; other details].
P129 (v17n4)(June 2, 1999): 26 (50cm.)
Little Sisters may get support from L.E.A.F. [newsnote that Women's Legal
Education and Action Fund, a leading Canadian feminist group, may play role
in Little Sister's Book and Art Emporium anti-censorship case; decision
expected around mid-summer].
P130 (v17n5)(July 28, 1999): 27 (11cm.)
Team honoured ["legal team that successfully fought the Delwin Vriend case to...
Supreme Court of Canada" honoured in Edmonton ceremony; received
Suzanne Mah Award from Alberta Human Rights and Citizenship Commission;
details, with names].
P134 (v18n1)(Jan. 26, 2000): 10 (22cm.)
The time for grassroots action [complexity of issues arising from homophobia "seems
unending"; spousal relationship rights have just been won; must turn our attention
to dealing with homophobia in education system and unwillingness to address
the health and social problems in queer community; we should be suing school
boards for not providing a safe learning environment and suing universities for
graduating helping professionals who have no knowledge of realities of
homophobia; other suggestions]. By Gens Hellquist.
P136 (v18n3)(April 19, 2000): 4-5 (66cm.)
Little Sister's wins [Supreme Court of Canada ruled December 15, 2000 in favor of
Little Sister's Book and Art Emporium, Vancouver; Canada Customs conducted
fifteen-year harassment campaign against the bookstore; detailed report].
P142 (v19n1)(Jan. 31, 2001): 24-25 (75cm.)
Sex law challenged ["currently, gay men in Canada can find themselves in legal limbo
when it comes to anal sex"; concerning Section 159 of Criminal Code; several
courts have ruled Section 159 unconstitutional because age different for gay men
and heterosexuals, but Code has not been changed; one man, Julio Lucas, is
suing police and governments; etc.].
P148 (v19n7)[misnumbered v19n6 on contents page](Oct. 24, 2001): 27 (25cm.)
Suing the government [class-action suit against federal government alleging
discrimination for denial of survivor benefits under Canada Pension Plan;
Saskatoon "queer and AIDS activist," Brent Daum, has joined with others in
the suit; details].
P149 (v19n8)(Dec. 5, 2001): 10 (25cm.)
Book controversy continues [further information about the James Chamberlain and
Surrey School Board controversy over three children's books with gay themes;
BC Supreme Court support for Chamberlain overturned by BC Court of Appeal;
Chamberlain will continue fight in Supreme Court of Canada on June 12, 2002;
additional information on policy of Toronto District School board and opinion
of Canadian Civil Liberties Association].
P153 (v20n4)(June 5, 2002): 27-28 (39cm.)
In the Court's hands [case of Surrey school board banning of gay-themed children's
books is now in hands of Supreme Court of Canada; some details of arguments
presented and comments of some of Supreme Court Justices; decision expected
this fall].
P154 (v20n5)(July 31, 2002): 26-27 (33cm.)
Surrey book ban banished [Supreme Court of Canada "has faulted the BC school
board for siding with a group of parents who, based on their religious
beliefs, did not want these books taught in their school"; Chief Justice
Beverley McLachlin says religious views of some cannot be preferred
over views of others and that "children cannot learn tolerance unless
they are exposed to views that differ from those they are taught at home";
two dissenting judges were Michel Bastarache and Charles Gonthier;
other details].
P158 (v21n1)[cover misnumbered v201](Jan. 22, 2003): 25 (45cm.)
Supreme Court dismisses appeal [by two religious groups concerning Ontario
courts decision to allow gay marriage; details and comments].
P164 (v21n7)(Oct. 22, 2003): 24 (19cm.)
Surviving spouses go to trial [class action lawsuit against federal government
regarding pre-1998 Canada Pension Plan benefits for surviving gay
spouses went to trial Sept. 8/03; "decision not expected until early
next year"; details].
P164 (v21n7)(Oct. 22, 2003): 24 (13cm.)
Civil unions update [newsnote concerning possible delay by Liberal government
in same-sex legislation matter by adding fourth question to the three
referred to Supreme Court of Canada; other details].
P166 (v22n1)(Jan. 28, 2004): 26 (18cm.)
One more question [on January 28, Liberal Justice Minister Irwin Cotler gave
Supreme Court of Canada another question to consider; has asked if
traditional definition of marriage violates the Charter; Court has set new
date of October 7-9 to hear references; comments of various politicians
and others; Belinda Stronach, one of Stephen Harper's leadership
competitors, has let it be known that she supports gay marriage; etc.].
P167 (v22n2)[misnumbered v22n1 on contents page]
(March 10, 2004): 25-26 (65cm.)
Meeting the Supremes [Supreme Court of Canada, beginning on October 6, 2004,
"conducted landmark hearings into the case for and against same-sex
marriage"; details and background; decision "not expected for several
months and could take much longer"].
P172 (v22n7)(Oct. 27, 2004): 25-26 (73cm.)
Wedding bells in Saskatchewan [Saskatchewan is seventh Canadian jurisdiction
to legalize same-sex marriage; court ruling by Justice Donna Wilson;
details, including objections of Saskatchewan Party justice critic
Don Morgan, Prince Albert MP Brian Fitzpatrick, and Saskatchewan
chapter of REAL Women; mention also that Supreme Court of Canada has
announced that its decision on federal marriage legislation is to be handed
down on December 9, 2004].
P173 (v22n8)(Dec. 8, 2004): 20 (42cm.)
Survivor victory [class-action lawsuit for Canada Pension Plan survivor benefits
retroactive to 1985 has been settled; claimants happy, but government
could appeal; details].
P173 (v22n8)(Dec. 8, 2004): 27 (26cm.)
Supremely speedy [Supreme Court of Canada will answer federal government
questions posed on same-sex marriage; decision to be delivered
December 9, 2004; hearing proceeded quickly, with only two days needed;
other details].
P173 (v22n8)(Dec. 8, 2004): 29 (49cm.)
LEGAL PROCESS -- MANITOBA
No personal life [Assiniboine South School Division "going to court to defend a policy
that forbids a teacher from informing her eighth grade class that she is a lesbian";
judge ruled that teacher has right to arbitration board hearing; teacher does not
want name published; etc.].
P122 (v16n5)(July 29, 1998): 13 (18cm.)
"It's reprehensible!" [report that Kristine Barr, "openly gay lesbian school trustee" on
Winnipeg One School Board, is going to sue radio station AM 1290 for
defamation; is also suing radio personalities John Collison and Gerald Fast;
details].
P135 (v18n2)(March 8, 2000): 9 (46cm.)
Kept in the closet [Manitoba school teacher, Gale M'Lot, has been fighting school board
for right to be open lesbian; support from teachers' association, which took
fight to arbitration; in June, Manitoba Court of Appeal ruled against her in a
split decision; she will determine whether to appeal; other details].
P138 (v18n5)(Aug. 2, 2000): 13 (19cm.)
Classroom closet [Winnipeg teacher, Gale M'Lot, has applied to Supreme Court
regarding lower court ruling; school board had informed her it was not
acceptable for her to tell her students that she was lesbian; this issue led to
grievance filings and court rulings; outcome of steps so far; reason given
by M'Lot for decision to come out to students after over 20 years of teaching;
etc.].
P140 (v18n7)(Oct. 25, 2000): 19 (36cm.)
"It's what God has said" [two and one-half year battle "appears" to have ended for
Christine (name earlier given as: Kristine) Barr; Winnipeg school trustee was
attacked by Talk 1290 radio show hosts; "station has formally apologized...and
given her an undisclosed cash settlement"; two hosts, John Collison and
Gerald Fast, "unwilling to apologize"; other details].
P149 (v19n8)(Dec. 5, 2001): 12 (28cm.)
Historic appointment ["prominent gay activist, Elliot Leven," appointed to Manitoba
Human Rights Commission; Leven has "long history of activism in both the gay
community and the Jewish community"; some information about Leven].
P152 (v20n3)(April 24, 2002): 14 (17cm.)
Gay on the bench [openly gay lawyer, Tim Preston, sworn in on June 20, 2003 as
judge of Manitoba provincial court; details].
P162 (v21n5)(July 23, 2003): 20 (26cm.)
One more marriage victory [on Sept. 16, 2004, Manitoba became the fifth
Canadian jurisdiction to provide same-sex marriage rights; three Manitoba
couples were successful in their court fight; ruling by Justice
Douglas Yard of Court of Queen's Bench ended a 30-year fight for
Chris Vogel and Richard North, "who had applied for a marriage license
in 1974 and were turned down"; Roman Catholic Archbishop of
Winnipeg, James Weisgerber, expressed displeasure with the ruling; other
details].
P172 (v22n7)(Oct. 27, 2004): 10 (28cm.)
LEGAL PROCESS -- NOVA SCOTIA
Charter loss [Nova Scotia judge rules that "laws criminalizing anal intercourse do not
discriminate against homosexuals"; man sentenced after judged guilty of having
anal intercourse with 17-year-old; Criminal Code provision not judged in
violation of Charter].
P57 (v8n4)(May 30, 1990): 14, 17 (19cm.)
Six down and seven to go ["on September 24 [2004] Nova Scotia became the
sixth jurisdiction in the country to remove the ban on same-sex
marriages"; provincial Supreme Court ruled ban was unconstitutional and
ordered government to recognize marriages; justice minister said
government would obey the order; other details].
P172 (v22n7)(Oct. 27, 2004): 28-29 (37cm.)
LEGAL PROCESS -- ONTARIO
Body Politic wins again.
P5 (1983): 3 (18cm.)
The Back Door wins [concerning legal issues arising from April 1983 Toronto police
raid of Back Door Gym and Sauna].
P13 [1985]: 4 (21cm.)
Charter defense [used in gross indecency trial in Guelph, Ontario concerning public
washroom videotaping; bathroom ruled a place of privacy by Judge Edward
McNeely]. By Bob Anaka.
P23 [1986]: 9 (19cm.)
; see also P40:10 regarding appeal
Discriminatory laws [fighting now easier, as Ontario Divisional Court ruled to permit
simplified procedure of "application" when challenge under Charter of Rights
and Freedoms; additional comments on Court Challenges Program and on James
Stiles complaint against RCMP for dismissal based on homosexuality]. By D.C.
P27 [1986]: 4 (22cm.)
Victory for Joy of Gay Sex [Judge Bruce Hawkins, Ontario District Court, rules book not
obscene; book had been seized, with others, in December 1986 by Canada
Customs from Glad Day shipment]. By Harold Chudyk.
P32 (April 29, 1987): 25 (36cm.)
Lesbian mother won't go to jail [Gail Bezaire convicted on four of five counts;
suspended sentence and probation; in 1980 took two children from father].
P34 (July 22, 1987): 10 (26cm.)
No rights [Ontario Court of Appeal upholds conviction for "gross indecency" against
two men charged after police video surveillance of Guelph, Ontario washroom
in 1985 (refer to earlier trial, reported on in P23 [1986]: 9)].
P40 (April 13, 1988): 10 (13cm.)
Snoop trials in Oshawa [report on 36 men charged after video surveillance at Oshawa's
Hudson's Bay department store in March 1988].
P41 (May 18, 1988): 12-13 (14cm.)
Thornton fights back [preliminary hearing for James Thornton, accused of donating blood
he allegedly knew was HIV-positive]. From Peter Zanette, GO Info.
P43 (Aug. 10, 1988): 16 (34cm.)
Jail for AIDS carrier [James Thorton [i.e., Thornton] sentenced to 15 months for
donating blood after testing HIV-positive].
P51 (v7n6)(Aug. 23, 1989): 9 (5cm.)
Conviction upheld [by Ontario Court of Appeal; James Thornton convicted of blood
donation when he knew he was HIV-positive].
P63 (v9n2(March 6, 1991): 25 (11cm.)
Teen anal sex okay [concerns ruling in July by Ontario justice Marie Corbett that ban
on anal intercourse for those 14 to 18 years old is unconstitutional; reference to
Criminal Code; Toronto lawyer warns that ruling will not stand; etc.].
P75 (v10n6)(Sept. 16, 1992): 21 (16cm.)
Anal sex challenged [Ontario Court of Appeal is expected to hear case regarding law
restricting anal intercourse to those 18 and over; in 1992, Ontario judge ruled
restriction unconstitutional].
P87 (v12n2)(March 9, 1994): 20 (16cm.)
M versus H [case launched that challenges definition of spouse in Ontario's Family Law
Act; M claims entitlement to spousal support from H after relationship
breakdown; many details].
P100 (v13n7)(Oct. 25, 1995): 20 (35cm.)
Rewriting the law [report on ruling by Ontario Court, General Division, that gay/lesbian
couples can sue for palimony; M v. H case; details].
P103 (v14n2)(March 13, 1996): 23 (43cm.)
Same rules don't apply [issues in the M v. H legal case concerning two Ontario lesbians
and support payment; case is at appeal stage].
P107 (v14n6)(Sept. 11, 1996): 20 (19cm.)
Victory in Ontario [Ontario Court of Appeal "has ruled that same-sex couples must be
treated the same as opposite-sex couples under family law"; this is a news article
on the M v. H legal case decision].
P110 (v15n1)(Jan. 29, 1997): 23 (35cm.)
Trial turns indecent [at Toronto trial against two employees of Remington's, a Toronto
strip club, Crown attorney attempts to discredit longtime gay activist, George
Hislop, and to block testimony of academic sociologist, Gary Kinsman; details;
trial resumes November 2].
P116 (v15n7)(Oct. 22, 1997): 26 (23cm.)
Palimony dispute settled [newsnote, which mentions also that Ontario government
has launched an appeal to Supreme Court; regarding M v. H case].
P119 (v16n2)(March 18, 1998): 24 (13cm.)
Sex law challenged ["currently, gay men in Canada can find themselves in legal limbo
when it comes to anal sex"; concerning Section 159 of Criminal Code; several
courts have ruled Section 159 unconstitutional because age different for gay men
and heterosexuals, but Code has not been changed; one man, Julio Lucas, is
suing police and governments; etc.].
P148 (v19n7)[misnumbered v19n6 on contents page](Oct. 24, 2001): 27 (25cm.)
Police panned for raid [on Toronto's Pussy Palace; Justice Peter Hryn said actions of
officers put police force into disrepute and that the Charter violations would
"shock the conscience of the public"; other details].
P151 (v20n2)(March 13, 2002): 24 (30cm.)
Marc: 1, Catholic Church: 0 [Marc Hall, Oshawa (Ontario) high school student, able to
take boyfriend to graduation prom; Ontario Superior Court Justice
Robert MacKinnon grants injunction; Durham Catholic District School Board had
tried to block Hall; judge ruled that Church's right to promote religious views
does not override Mr. Hall's human rights; "Hall has received support worldwide
for his stance"; other details].
P153 (v20n4)(June 5, 2002): 26 (54cm.)
Same-sex equality by 2004? [Ontario Superior Court decision gives federal government
"two years to grant same-sex marriages the same status as heterosexual ones";
case had been brought by Metropolitan Community Church and eight gay and
lesbian couples; details].
P154 (v20n5)(July 31, 2002): 25 (60cm.)
Suing the school board [two students, bullied and harassed during years at
Lester B. Pearson High School, have filed a statement of claim with Ontario
Superior Court of Justice; students are David William Knight, 17, and
Katherine Louise Knight, 16; other details].
P154 (v20n5)(July 31, 2002): 26 (20cm.)
It's not discrimination if you're a prude [report that Ontario Superior Court has upheld
1999 decision of Human Rights Commission against Imaging Excellence Inc.
printing company for refusing a Canadian Lesbian and Gay Archives printing job;
another printer has refused a job for The Voice, a southwestern Ontario magazine,
and this situation is being investigated as to possibility of human rights
complaint].
P155 (v20n6)(Sept. 11, 2002): 27-28 (26cm.)
Nekkid in the streets of T.O. [newsnote that last June seven men participating in
Toronto's Gay Pride Parade charged with being nude; charges dropped;
"this makes...Toronto four for four when it comes to trying to make 'large'
arrests in the gay community" -- Bijou charges dismissed; similar Barn charges
dismissed; Pussy Palace charges dismissed].
P156 (v20n7)(Oct. 23, 2002): 21 (16cm.)
Rushing to the altar [report on the June 11, 2003 ruling by Ontario Court of
Appeal; unanimous ruling that is unconstitutional to prevent gays/lesbians
from getting marriage licence; this ruling followed other court rulings
in Ontario, British Columbia, and Quebec, which gave federal
government some time to make changes; this latest ruling declared
Ottawa's definition of marriage invalid and ruled it be changed
to "two persons" from "one man and one woman"].
P162 (v21n5)(July 23, 2003): 26 (63cm.)
Glad Day glad for help with court day [Canadian Civil Liberties Union granted
intervenor status in Glad Day Bookshop's appeal of conviction on
year 2000 charge of selling video not passed by Ontario Film Review
Board; court to hear appeal at end of October; details].
P164 (v21n7)(Oct. 22, 2003): 25 (23cm.)
LEGAL PROCESS -- PRINCE EDWARD ISLAND
Pride flags A-OK in PEI [postal worker, Ron Jenkins, claimed that City of
Charlottetown discriminated against him by flying Pride Flag in 2001;
Jenkins took case as far as Prince Edward Island Supreme Court, where
it was ruled that, although the flag may offend him, it does not
discriminate against him; etc.].
P160 (v21n3)(April 16, 2003): 22 (12cm.)
LEGAL PROCESS -- QUÉBEC
Marriage debate continues [reporting that on Sept. 6, 2002 Justice Louise Lemelin of
Quebec Superior Court ruled definition of marriage is discriminatory in excluding
same-sex couples, echoing earlier Ontario ruling; opinions of various politicians
and of EGALE Canada's John Fisher; "currently Quebec and Nova Scotia
are the only provinces to recognize civil unions for gays and lesbians, though
not by marriage"].
P155 (v20n6)(Sept. 11, 2002): 26 (43cm.)
Autumn in Quebec? ["we are still waiting on the Quebec Court of Appeal to
decide on the legality of same-sex marriages in that province";
background details; one of gay men who launched case in 1998 is
Michael Hendricks; other details].
P167 (v22n2)[misnumbered v22n1 on contents page]
(March 10, 2004): 26 (24cm.)
Quebec marriage ["the province of Quebec becomes the third in Canada, after
Ontario and British Columbia, to clear the way for same-sex marriage";
March 19, 2004 ruling of Quebec Court of Appeal; first same-sex wedding
timed to occur on April 1st, third anniversary of "first ever same-sex
marriage in Holland in 2001"; Michael Hendricks and Rene LeBoeuf,
partners of 31 years, "first couple to tie the knot"].
P168 (v22n3)(April 21, 2004): 28 (13cm.)
LEGAL PROCESS -- SASKATCHEWAN
Numbers trial [at which Donald Shai acquitted of arson; trial presided over by Judge
G.E. Noble].
P11 [1984]: 10 (17cm.)
Klepsch murder suspect, Kelvin Selzler, in court; preliminary hearing began April 23].
P32 (April 29, 1987): 11 (8cm.)
Sentence to be appealed [Selzler has filed appeal of conviction for manslaughter in
killing of Marvin Klepsch, Saskatoon psychologist].
P39 (Feb. 24, 1988): 11-12 (12cm.)
Homosexual panic [defence used in Saskatoon court as justification by defence lawyer
in death of Mr. Stacey Clarke on Melfort-area farm on July 26, 1997;
James Tomlinson accused of killing, but defence suggests charge should only
be manslaughter].
P125 (v16n8)(Dec. 9, 1998): 11 (20cm.)
Panic defence fails [James Allan Tomlinson sentenced by Judge Klebec to life in prison
with no parole for 10 years in murder of Stacey Clarke; "homosexual panic"
defence rejected; other details].
P126 (v17n1)(Jan. 27, 1999): 12 (28cm.)
Not very appealing [Hugh Owens asks Queen's Bench judge, July 23, for right to
appeal Saskatchewan Human Rights Tribunal decision that advertisement he
placed in Saskatoon Star-Phoenix newspaper in 1997 was in violation of human
rights legislation; background and details; Justice R. L. Barclay "reserved his
ruling, which is expected in a few weeks"].
P154 (v20n5)(July 31, 2002): 19 (48cm.)
All locked up [Bill Whatcott, Saskatchewan anti-gay and anti-abortion activist,
arrested and jailed in North Dakota for entering United States illegally; was
attempting to attend religious gathering hosted by a person "who also provides
some funds for...his anti-abortion and anti-gay jihads"; Whatcott also scheduled
to appear in Moose Jaw, Saskatchewan court on charges of causing a disturbance,
a breach of recognizance, and resisting arrest; other details].
P155 (v20n6)(Sept. 11, 2002): 11 (43cm.)
Rebuffed again [Hugh Owens loses appeal to Queen's Bench court regarding
Saskatchewan Human Rights Commission tribunal ruling over his 1997
Star-Phoenix ad; Justice J. Barclay turned down appeal on Dec. 11/02;
Owens served notice in January that he would appeal again; background
details of this case, and comments].
P158 (v21n1)[cover misnumbered v201](Jan. 22, 2003): 12 (51cm.)
Going to the chapel... [on November 3, 2004, "four Saskatoon same-sex couples
are going to court for the right to be legally married in the province";
despite court rulings in six other Canadian jurisdictions, Saskatchewan
government and Justice Minister Frank Quennell refuse to act until
"federal government or the courts tell the province what the law is"; the
four couples are named; "both the federal and provincial governments
have indicated they will not fight the case"; "queer couples in
Saskatchewan should be able to obtain marriage licenses within no more
than a day or two of November 3"].
P172 (v22n7)(Oct. 27, 2004): 9 (44cm.)
Wheels of justice [further report on case of Hugh Owens and 1997 Saskatoon
Star-Phoenix newspaper advertisement; complaint to Saskatchewan
Human Rights Commission resulted in ruling against newspaper and
Owens; Owens's second court appeal, after first was turned down,
has yet to come to court; suggestion that there may be attempt to have
case taken to Supreme Court of Canada].
P172 (v22n7)(Oct. 27, 2004): 12 (35cm.)
Wedding bells in Saskatchewan [Saskatchewan is seventh Canadian jurisdiction
to legalize same-sex marriage; court ruling by Justice Donna Wilson;
details, including objections of Saskatchewan Party justice critic
Don Morgan, Prince Albert MP Brian Fitzpatrick, and Saskatchewan
chapter of REAL Women; mention also that Supreme Court of Canada has
announced that its decision on federal marriage legislation is to be handed
down on December 9, 2004].
P173 (v22n8)(Dec. 8, 2004): 20 (42cm.)
LEGAL PROCESS -- UNITED STATES
See UNITED STATES -- LAW AND LEGISLATION
LEGAL PROCESS -- YUKON TERRITORY
Three provinces & a territory [on July 14, 2004, Supreme Court of Yukon
Territory changed marriage definition to include same-sex couples;
Yukon joins Ontario, British Columbia, and Quebec; first gay couple,
Rob Edge and Stephen Dunbar, had ceremony scheduled for July 17,
2004; two men had to go to court; other details].
P170 (v22n5)(July 21, 2004): 26-27 (20cm.)