Government respondedElectronice-6497 · Parliament 45

Make 2SLGBTQIA+ rights permanent

Petitioners ask the government to declare removal of 2SLGBTQIA+ federal rights genocidal, make those rights permanently non‑revocable, and bar the Notwithstanding Clause. The government responds… it protects these rights under the Charter and federal law.

Why we would sign this petition

  • It would create a clear legal barrier against governments or organizations removing federal 2SLGBTQIA+ rights, making protections permanent and reducing risk of rollbacks.
  • Blocking the Notwithstanding Clause would remove a legal route for overriding rights, strengthening constitutional protection for the community.
  • Declaring such removals genocidal signals seriousness, potentially deterring hostile actions and elevating political and legal scrutiny.

Why we wouldn’t sign this petition

  • Labeling rights removal as genocide could be legally contentious and may not fit established definitions, risking weak or counterproductive judicial outcomes.
  • Making rights absolutely non‑revocable removes legislative flexibility to address complex conflicts or unforeseen circumstances, raising democratic and governance concerns.
  • The petition’s aims may be hard to enforce: defining what counts as removal and proving intent would be legally and practically challenging.

The summary and both sets of reasons are AI-generated from the petition and given equal weight. Claims are the petitioners’ own; consult the official record for the full text.

Official petition

Petition to the Prime Minister Currently, the human rights of the Canadian 2SLGBTQIA+ community are endangered by any Canadian organization or political party; Canada made it a priority under the current federal government to protect the human rights of the 2SLGBTQIA+ community; Currently, Canadian 2SLGBTQIA+ human rights can be diminished or revoked, creating huge distress and negative consequences for this community; and The current "Not Withstanding Clause" that exists in federal legislation can override these rights in Canada. We, the undersigned, Residents Of Canada, call upon the Government of Canada to 1. Declare that the removal of Canadian federal rights and freedoms of the 2SLGBTQIA+ target group be considered a form of genocide as this practice diminishes this community of people and therefore should be declared illegal by anyone attempting to do so in Canada; 2. Ensure that 2SLGBTQIA+ human rights in Canada are permanent and therefore cannot be diminished in any way or revoked by any political party, office or organization in Canada; and 3. Ensure that Canadian 2SLGBTQIA+ federal human rights are protected from being diminished or revoked by the federal "Not Withstanding Clause" legislation. 1. Declare that the removal of Canadian federal rights and freedoms of the 2SLGBTQIA+ target group be considered a form of genocide as this practice diminishes this community of people and therefore should be declared illegal by anyone attempting to do so in Canada; 2. Ensure that 2SLGBTQIA+ human rights in Canada are permanent and therefore cannot be diminished in any way or revoked by any political party, office or organization in Canada; and 3. Ensure that Canadian 2SLGBTQIA+ federal human rights are protected from being diminished or revoked by the federal "Not Withstanding Clause" legislation.

Government response

Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by THE PARLIAMENTARY SECRETARY PATRICIA LATTANZIO Canada is a country built on the values of diversity, inclusion and respect for human rights. Subsection 15(1) of the Canadian Charter of Rights and Freedoms – which applies to all government actions – guarantees equality to all individuals without discrimination based on several grounds. Although the grounds of “sexual orientation”, “gender identity” and “gender expression” are not explicitly listed in the text of subsection 15(1) of the Charter, it is important to note that the enumerated grounds are not exhaustive. The Supreme Court of Canada has recognized “sexual orientation” as an analogous ground. Courts have found laws and policies which misgender or otherwise do not recognize the gender identity of transgender and non-binary individuals could constitute discrimination, contrary to section 15 of the Charter. In addition, Canadians also benefit from protections under the Canadian Human Rights Act (CHRA), which prohibits discrimination based on sexual orientation, gender identity, and gender expression in the provision of employment, accommodation, and services within areas of federal jurisdiction. Unlike the Charter, there is no “notwithstanding clause” in the CHRA. Despite these enshrined rights, discrimination based on sexual orientation, gender identity and expression continues to be a reality in Canada and it must be eliminated. In the current climate, there is a disturbing rise in hate and violence against 2SLGBTQI+ communities, which contributes to a heightened climate of fear for 2SLGBTQI+ people. The Government of Canada is committed to promoting equality for 2SLGBTQI+ individuals, protecting their rights, and addressing both historical and current discrimination against 2SLGBTQI+ communities. The Government has taken several actions to end discrimination against 2SLGBTQI+ people in Canada, including: 2017: The Canadian Human Rights Act was amended to protect gender identity and gender expression. 2022: Parliament criminalized conversion therapy, see Statement. 2022: Launch of the first Federal 2SLGBTQI+ Action Plan. The Government of Canada intervened in the case of English Montreal School Board et al. v. Attorney General of Quebec et al. before the Supreme Court of Canada, as it had committed to doing. This case raises important constitutional questions regarding the use of the notwithstanding clause and has implications for the rights and freedoms of all Canadians. The Supreme Court’s decision will shape how both federal and provincial governments may invoke the notwithstanding clause for years to come. As the Court considers this case, Canadians can count on the Government of Canada to defend their Constitution, respect their rights and freedoms, and to stand up for the Charter that protects them.