In this lecture, the author canvasses the successes and challenges faced by Canadian sexual minorities over the last two decades. He traces the important role of the Canadian Charter of Rights and Freedoms in achieving equality for lesbians, gays, bisexuals, and transgendered ("LGBT") people. The value of the Charter in this struggle has not, however, been restricted to the courts, for, as the author illustrates, Charter challenges have also been an impetus for legislative action. Through a review of recent cases, the author points out that while the Charter bas been an appropriate tool in the struggle for formal equality, in many cases, LGBT people have still not attained substantive equality. This, he asserts, requires that courts and legislators contextualize their decisions and their policies to reflect the reality faced by LGBT people. Contextualization is particularly important for creating an inclusive society, where members outside of the mainstream are not left behind. According to the author, it remains to be seen whether the Charter is a sufficiently flexible vehicle to protect the full diversity of LGBT communities.
