Palestinian Gays & Israel

[Boris Godunov]

Originally posted by obiwan18
Nope. Rights must be enshrined in the constitution in order to be considered a right. Legally, you would be laughed here in Canada if you told them what you just told me.

Can you cite the relating passage from your Constitution which verifies this? Where in it does it say that, "Unless a right is guaranteed here, you ain't go it?"

In the U.S., at least, while the Bill of Rights is meant to specifically enumerate immutable rights, but that doesn't mean you don't have rights not granted. To be simplistic, you have a right to do anything so long as it is not legally prohibited.

Again, homosexual relationships fall under "free association." Is such a right guaranteed in Canada?

Canadian Embassy refuses immigration status

Do you think this man SHOULD have been given asylum?

According to definitions cited in the refusal letter, a "Convention refugee" is any person who "by reason of well-founded fear of persecution for reasons of race, religion, nationality, or membership in a particular social group or political opinion" has left his country and "by reason of that fear, is unwilling to return to that country."

What constitutes a "social group?"

Besides, isn't this debate about including sexuality in the convention? We're aware it isn't in there now.

[Ben Kenobi]

No one is arguing that the framework exists now that gives homosexuals equal rights and protections as other minorities, we're saying it should.

Read Boris' posts. He's using terminology that means that there already exists a legal framework for the right to sexuality, so I have to rebut that point.

Now, what is the basis for the right to sexual practice you wish to coin, for both homosexuals and heterosexuals? How does this relate to fundamental human rights in the way that religion does?

[Ben Kenobi]

Again, homosexual relationships fall under "free association." Is such a right guaranteed in Canada?

But freedom of association does not enshrine the right to freedom of sexual practice, even in the US.

Canada has a different sense of freedom of association, in that equality rights trump, as in the case of our Boy Scouts having to admit an openly gay scoutmaster to avoid 'discrimination,' unlike in the US, where they could cite freedom of association.

Another is the Brockie case where a printer had to print pro-gay literature, even though he objected and owned his business. Another would be the Marc Hall case, where the student's rights trumped those of a catholic high school to set policy among its student body. In all of these cases in the US, they could have appealed to freedom of association to allow them to set their own policies regarding membership as privately owned organisations.

Can you cite the relating passage from your Constitution which verifies this? Where in it does it say that, "Unless a right is guaranteed here, you ain't go it?"

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

http://www.solon.org/Constitutions/Canada/English/ca_1982.html