Citizenship and Immigration Minister Jason Kenney blocked any reference to gay
rights in a new study guide for immigrants applying for Canadian citizenship,
The Canadian Press has learned.
Internal documents show an early
draft of the guide contained sections noting that homosexuality was
decriminalized in 1969; that the Charter of Rights and Freedoms forbids
discrimination based on sexual orientation; and that same-sex marriage was
legalized nationally in 2005.
But Kenney, who fought same-sex
marriage when it was debated in Parliament, ordered those key sections removed
when his office sent its comments to the department last June. Senior department
officials duly cut out the material, but made a last-ditch plea with Kenney in
early August to have it reinstated.
"Recommend the re-insertion of the
text boxes related to ... the decriminalization of homosexual sex/recognition of
same-sex marriage," says a memorandum to Kenney from deputy minister Neil
Yeates.
"Recommend the addition of 'equality
rights' under list of rights. Had noted earlier that this bullet should be
reinserted into the list as a means of noting the equality of all based on race,
gender, sexual orientation etc ..."
In the end, however, Kenney's view
trumped that of the bureaucrats. The 63-page guide, released with fanfare last
November, contains no mention of gay and lesbian rights.
About 500,000 copies were printed and
citizenship applicants will start being tested on its contents March 15.
The $400,000 project substantially
updated an earlier edition of the guide created in 1995. The new version
significantly expands sections on Canada's military past and on aboriginals,
drawing on the views of a panel of prominent Canadians.
The new guide got generally positive
reviews when it was launched, though some immediately noted the absence of gay
rights, including same-sex marriage.
The publication does include a
picture of Olympic gold medal swimmer Mark Tewksbury, however, with a caption
saying he is a "prominent activist for gay and lesbian Canadians."
Drafts and other internal documents
related to the guide were obtained by The Canadian Press under the Access to
Information Act.
"Homosexuality was decriminalized in
1969 and more recently, civil marriage rights to same-sex couples was legalized
nationwide in 2005," the earliest draft of the guide says under the section
Towards a Modern Canada.
And in the section on citizenship
rights, the early draft said: "Equality Rights - Canadians are protected against
discrimination based on race, gender, national origin, religion, sexual
orientation or age."
Neither sentence survived the
minister's red marker.
Kenney has steadfastly opposed
same-sex marriage since his time as an opposition MP in the House of Commons.
He spoke against the Civil Marriage
Act, or Bill C-38, when it was debated in the Commons in February 2005. And days
earlier, Kenney told a session with Toronto-area Punjabi journalists that gays
had every right to marry - as long as it wasn't someone of the same sex.
He reaffirmed his stand in 2006 when
the newly elected Conservative government attempted without success to revoke
the legislation.
Last year, Kenney appointed a
longtime Conservative who opposes same-sex marriage to the Immigration and
Refugee Board, which among other things makes decisions about whether gays can
be given refugee status in Canada.
When the new guide was released Nov.
12, Kenney brushed off a reporter's question about why it lacked any reference
to same-sex marriage.
"We can't mention every legal
decision, every policy of the government of Canada," he said.
"We try to be inclusive and include a
summary. I can tell you that if you were to read the old book, you wouldn't even
know that there are gay and lesbian Canadians." He then noted the caption under
Tewksbury's photo.
Kenney's spokesman reiterated that
the 1995 guide "produced by the Liberals" did not mention gays and lesbians.
"We can endlessly debate what was
included or not included," Alykhan Velshi said in an email last week.
"Unavoidably, choices had to be made about content because we had to ensure the
guide did not become encyclopedic."
Velshi also noted the new guide does
not refer to marriage at all, whether opposite sex or same sex.
The gay-rights group Egale Canada met
with the minister in early December after learning the booklet made no reference
to gay and lesbian rights, and is negotiating with the department to have them
included in the next printing, about a year away.
Executive director Helen Kennedy said
Kenney told the group that gay rights had been "overlooked" when the guide was
being prepared. She expressed surprise when told draft versions contained
references to gay rights and that they were ordered removed.
"I'm hopeful and optimistic that
we're going to get it fixed because we're not happy with it."
Liberal MP Scott Brison, who was
married in a same-sex ceremony in 2007, said the Conservatives carefully
excluded from the guide the charter rights they don't agree with.
"It's becoming very clear that
Minister Kenney never intended this to be a Canadian citizenship guide but
instead a Conservative citizenship guide," he said in an interview.
"They have selectively listed the
charter decisions that they agree with and have ignored those that they don't.
And the Charter of Rights is not a buffet - you can't pick from it the rights
you like and ignore the rest."
Brison added that Canada's
progressive record on human rights has helped make the country a magnet for
those escaping oppression around the world.
The NDP's critic on gay and lesbian
issues said new immigrants need to know about basic rights guaranteed by the
charter.
"The minister, Jason Kenney, can't
edit gay and lesbian Canadians out of Canadian history," Bill Siksay said.
"That's something that newcomers to Canada should know about."
The Canadian Press previously
reported that other sections of the draft version of the guide were excised at
the suggestion of the panel of prominent Canadians.
The deleted sections included one
reference that said Canadian churches ran Indian residential schools, where
aboriginal children were abused.