June is Pride Month – a time to celebrate diversity and to honour those who have fought and continue to fight to create change by advocating for the rights of 2SLGBTQIA+ persons. Every year around the world, individuals are forced to flee their countries to escape persecution they are facing based on their sexual orientation, gender identity, and/or gender expression. In 2020, 69 United Nations (UN) Member States continued to criminalize consensual same-sex relations between adults in private – some imposing lengthy prison sentences, corporal punishment, or the death penalty as punishment.
The 1951 Refugee Convention (“the Convention”) forms the basis for refugee law at an international level. The Convention protects individuals who face persecution based on race, religion, political opinion, nationality, or membership in a ‘particular social group.’ Although sexual orientation, gender identity, and gender expression are not explicit bases of protection in the Convention, many countries have provided protection for these individuals through interpretation of the ‘particular social group,’ or ‘political opinion’ grounds. However, some countries continue to discriminate against 2SLGBTQ+ refugees seeking protection.
Canada is among those countries that provide haven for 2SLGBTQ+ refugees. In 2019, Canada resettled more refugees than any other country in the world. The Supreme Court of Canada recognized sexual orientation as a ‘particular social group’ pursuant to the Convention in 1993, and special guidelines were created in 2017 related to sexual orientation, gender identity, and gender expression to guide decisionmakers in hearings of 2SLGBTQ+ refugee claims. The federal government has also partnered with private sponsors such as the Rainbow Refugee Society to facilitate sponsorship of 2SLGBTQ+ refugees for resettlement in Canada.
Several of Green and Spiegel’s lawyers have assisted LGBTQ+ individuals to immagrate to Canada. Green and Spiegel remains committed to celebrating and fostering a diverse Canadian society and wishes everyone a Happy Pride Month.
