CITY OF VANCOUVER
CITY CLERK'S DEPARTMENT
MEMORANDUM Date: June 17 2003
File: 3252
TO: Vancouver City Council
FROM: Charlene Imai, Meeting Coordinator
SUBJECT: Resolutions for submission to 2003 UBCM Convention
The following resolutions are attached for Council's consideration at its regular meeting on June 24, 2003. Should Council approve the resolutions, they will be submitted to the 2003 UBCM Convention for consideration.
(a) Add sexual orientation to the identifiable groups listed in section 318(4) of the Criminal Code of Canada - submitted by Vancouver Police Department
(b) Regulation of the "Segway Human Transportation" - submitted by Engineering Services
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(a)
City of Vancouver
ADD SEXUAL ORIENTATION TO THE IDENTIFIABLE GROUPS LISTED IN
SECTION 318(4) OF THE CRIMINAL CODE OF CANADA
WHEREAS:
1. Equal protection and treatment of all citizens is fundamental to a fair justice system;
2. The Canadian Charter of Rights and Freedoms section 15(1) ensures that "every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination";
3. The Supreme Court of Canada has consistently interpreted section 15(1) of the Charter as including sexual orientation as an identifiable group that is protected by these principles.
4. The present Criminal Code hate propaganda sections (318 and 319) do not explicitly protect members of the public distinguished by sexual orientation;
5. The brutal murder of Aaron Webster, a gay man, in November 2001, in Vancouver, British Columbia has once again drawn attention to these provisions of the Criminal Code which discriminate against members of the gay, lesbian, bisexual and transgendered community;
THEREFORE BE IT RESOLVED that the UBCM urge the Minister of Justice and Attorney General to amend the Criminal Code of Canada to add sexual orientation to the list of identifiable groups in section 318(4).
Commentary
Section 318(4) provides protection under the hate propaganda provisions of the Criminal Code of Canada in sections 318 and 319 for four identifiable groups, race, religion, ethnic origin and colour. Sexual orientation is not included in this list.
In Vancouver, 62% of the acts of physical violence against groups protected under the sentencing provisions of section 718.2 of the Criminal Code of Canada, which include the groups listed in section 318(4) and sexual orientation, are on the basis of sexual orientation. School age children are tormented with hate references based on homosexual pejoratives and several cases of teen suicide have been linked to bullying and violence based on sexual orientation.
The history of persecution of people on the basis of sexual orientation is similar to the stories of the other groups protected under section 318(4). During the Nazi regime in Germany gay men were forced to wear pink triangles and lesbians wore black triangles. They were sent to the concentration camps along with other groups the Nazi regime persecuted. The fight for homosexual civil rights bears a similar resemblance to the historical fight for rights waged by the groups protected under section 318(4).
The Supreme Court of Canada has considered sexual orientation as an analogous group for the purpose of section 15 of the Canadian Charter of Rights and Freedoms. Section 32 of the Charter requires all provincial and federal legislation to conform to the charter. Further, the Supreme Court of Canada has repeatedly recognized the discriminatory circumstances that homosexuals have faced socially, politically and economically.
It is hoped that, by explicitly adding sexual orientation to section 318(4), the improvement in conditions for the groups currently listed in section 318(4) will logically and equally extend to those who require protection on the basis of their sexual orientation.
(b)
City of Vancouver
REGULATION OF THE "SEGWAY HUMAN TRANSPORTATION"
WHEREAS use of the automobile has widespread impacts in terms of health, global warming, and community development;
WHEREAS there is a need to encourage sustainable transportation modes and develop compact communities;
WHEREAS the "SEGWAY Human Transporter" is a new transportation device that is clean, quiet, and extends the range of pedestrians in the community;
AND WHEREAS the Motor Vehicle Act of British Columbia has no provisions to recognize or regulate the Segway;
THEREFORE, BE IT RESOLVED THAT the Province of British Columbia be requested to review the operation of the Segway Human Transportation device, and include provisions in the Motor Vehicle Act to permit and regulate its safe use under appropriate conditions.
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