Historical Context for Teachers
Introduction
Prior to 1992, there was no form of legal protection for gay, lesbian, and bisexual New Brunswickers. Not only could you be discriminated against for being openly gay, but it was the norm that openly gay people would be denied jobs, fired from existing jobs, be subject to harassment as well as general social and economic isolation.
After years of activism from various groups, an amendment to the New Brunswick Human Rights Code including sexual orientation as a protected ground against discrimination was made in 1992. One such group, the New Brunswick Coalition for Human Rights Reform (NBCHRR), active from 1987-1992, played a crucial role in advocating for that amendment. This particular exhibit was created in commemoration of the organization and its members, and in homage of the work that the NBCHRR did to further gay rights in New Brunswick. The NBCHRR records featured in this document set are held at the Provincial Archives of New Brunswick and are part of the Queer Heritage Initiative fonds (MC4111).
Note that while the amendment for sexual orientation was passed in 1992, legal protections on the grounds of gender identity or expression did not exist in New Brunswick until 2017.
New Brunswick Coalition for Human Rights Reform
The first recorded New Brunswick gay liberation group, Gay Friends of Fredericton, was formed in 1974. It morphed into the Fredericton Lesbians and Gays, or FLAG, in 1979. Hal Hinds, the president of FLAG, went on to establish the activist group New Brunswick Coalition for Human Rights Reform (NBCHRR) eight years later.
Although NBCHRR’s mandate was primarily legal and political activism, FLAG was more focused on forming community and providing social spaces not only for the Fredericton gay community, but for people from all over New Brunswick. For example, FLAG hosted dances several times throughout the year that drew in people from all over the province. They also operated a volunteer-run phone line to help people who were questioning their sexuality not feel isolated in their community.
Fredericton’s first gay bar, Dance Trax, opened in 1985. Because there now existed a permanent social space for gays to find community, FLAG organizers were able to shift their focus to activism, and the NBCHRR was founded in 1987.
Key activists such as Francis Young and Claude Olivier were instrumental in helping FLAG transform. Olivier, who worked for AIDS New Brunswick, became the spokesperson. He himself was fired from a job in Alberta after his employer had found out about his sexual orientation.
Provincial Human Rights Legislation had already been amended in Quebec (1977), Ontario (1986), Manitoba and the Yukon (1987) and with the very real threat that you could be overlooked by employers or fired based on your sexual orientation, NBCHRR activists were keen for New Brunswick to be added to the list. The NBCHRR had province-wide support, although members usually participated by signing petitions and briefs. As LGB community groups in Moncton, Saint John and Fredericton were beginning to crumble, many activists helped support the work of the NBCHRR. For example, former Gays and Lesbians of Moncton president Noella Richard remembers helping to do translation work for the NBCHRR.
Amendment
The Coalition pushed for a review of the Human Rights Code and was successful in 1989, when the provincial government conducted the review, which was published in 1990. Especially given the social stigma, miseducation in the media, as well as the rise in homophobic attacks and discrimination against people with HIV/AIDS, the report, titled “Towards a World Family”, as well as the subsequent hearings, were able to myth-bust and do some basic public education.
At the hearing in February of 1991, NBCHRR released statistics taken from a survey done in 1990 that showed around 50,000 adult New Brunswickers identified as homosexual or bisexual, and that 80% had experienced violence or abuse. 17% had faced discrimination in trying to access a public service. The brief covered topics based on conditions for gays, lesbians and bisexual people in the province and dispelled myths on same-sex relationships, child abuse, mental health, and other general prejudices.
“Who are we? We are your sons and daughters, sisters and brothers, co-workers, friends and loved ones. In New Brunswick, as anywhere, we exist in all economic classes and include members of every racial, religious, cultural and political group. Most of us are very discreet about our sexual orientation in order to avoid discrimination and rejection. The typical gay person cannot be identified by manner, clothing, or occupation”.
- Human Rights for Gay New Brunswickers, A brief to the Standing committee on Law Amendments of the Legislative Assembly of New Brunswick in response to the report Towards a World Family, 1991 (p.5)
It wasn’t until the spring of 1992 that Liberal Labour Minister, Vaughan Blaney, put forward the bill to ban discrimination against sexual orientation. Following the September 1991 provincial election, the official opposition, the Confederation of Regions Party (CoR), were strongly opposed to amending the legislation. One CoR MLA, Greg Hargrove, went so far as to say that the amendment would allow men to marry livestock! However, the bill passed with 34 members voting in favor and all 8 members of the CoR party voting against. This made New Brunswick the fifth province to ban discrimination on the basis of sexual orientation.
In 1996, the Canadian Human Rights Act was amended and prohibited discrimination towards gay, lesbian and bisexual individuals across the country.
Conclusion
Queer New Brunswickers owe a great deal to these activists who fought for human rights legislation to prohibit discrimination based on sexuality and gender identity. Queer New Brunswickers cannot legally be discriminated against in their workplace, or when accessing a public service. However, legal protections have not eliminated homophobia and transphobia.
Although the Human Rights Code allows individuals to sue after an incident of discrimination has occurred, there are many barriers that still exist that make it difficult for people to actually seek legal recourse, such as financial costs, a distrust of a legal system that is systematically oppressive, or precarious housing, employment, or residency in the country.
For example, Queer youth across the province may still face unsupportive home environments and as discrimination at school, often in rural communities where there is a lack of supports and gender affirming healthcare. Clinic 554, New Brunswick’s only clinic providing stigma-free gender-affirming care, closed in January 2024 due to budget cuts. Similarly, “conversion therapy,” a practice criminalized in Canada in 2021, was, and to a lesser extent, still is, an unfortunate and traumatic part of some queer New Brunswickers’ lives. The practice involves the forcing or coercion of queer youth to hide or reject their queerness.
Overall, while legal advancements of 2SLGBTQ+ rights are an important piece of making the province and country safer for queer people, rights do not necessarily guarantee people physical, emotional, social, or economic safety in practice, even if legally recognized.