"We Are Not Aliens, We're People, And We Have Rights." Canadian Human Rights Discourse and High School Climate for LGBTQ Students (Lesbian, Gay, Bisexual, Transgender, And Queer) (Essay‪)‬

THE CANADIAN CHARTER OF RIGHTS AND Freedoms (Canada 1982) asserts the right of all people to "equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or physical disability" (p. 1). Since its adoption in 1982, the Charter has been opposed by social conservatives who see it as liberal social engineering (Smith 2008), but it has nevertheless been broadly endorsed and is now a cornerstone of the social studies curriculum in public school systems across the land (Gil and Manley-Casimir 2004). Although seldom explicitly included in school discussions, sexual orientation has been legally enshrined as fully protected by the Charter. After 25 years of work to bring federal and provincial law into line with its promised rights and freedoms (Meyer 2010; Smith 2008), Canada is now at the forefront internationally of legal equality for members of sexual minorities. The Charter applies to all publicly funded institutions, and it is duly invoked in safe-schools policy statements where school systems at the provincial and district level commit to striving to provide a safe learning environment that is respectful of diversity. All explicitly commit (as legally they must) to upholding Charter principles, along with provincial Human Rights legislation (which has also been required to uphold Charter principles). For example, at the provincial/territorial level, Yukon Education's (2008) safe schools policy promises to address any mistreatment on the basis of sexual orientation: At the district level, Greater Victoria's (2003) policy on discrimination is an example of a particularly inclusive policy in that its stated commitment to "creating and maintaining an environment which promotes respect for human rights ... and supports diversity" (p. 1) extends to gender identity and gender expression as well.