Page:NCGLE v Minister of Justice.djvu/25

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Ackermann J

“It is easy to say that everyone who is just like ‘us’ is entitled to equality. Everyone finds it more difficult to say that those who are ‘different’ from us in some way should have the same equality rights that we enjoy. Yet so soon as we say any … group is less deserving and unworthy of equal protection and benefit of the law all minorities and all of … society are demeaned. It is so deceptively simple and so devastatingly injurious to say that those who are handicapped or of a different race, or religion, or colour or sexual orientation are less worthy.”[1]

[23]The discriminatory prohibitions on sex between men reinforces already existing societal prejudices and severely increases the negative effects of such prejudices on their lives.

“Even when these provisions are not enforced, they reduce gay men … to what one author has referred to as ‘unapprehended felons’, thus entrenching stigma and encouraging discrimination in employment and insurance and in judicial decisions about custody and other matters bearing on orientation.” (Footnotes omitted).[2]


  1. Per Cory J, delivering part of the joint judgment of the Canadian Supreme Court in Vriend v Alberta (an as yet unreported judgment of the Supreme Court of Canada, File No: 25285, delivered on 2 April 1998) at para 69.
  2. Cameron above n 23 at 455.
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