About us > Annual Reports > Community Impact Report 2005-2006

Change Starts Here: FSA Advocacy on Equal Marriage

For People. For Change. That's FSA Toronto's tagline, and we know that to achieve broad systemic change we need to be at the policy-making level. So since our inception advocacy has been core to our work. The story of our support of equal marriage legislation demonstrates our deep commitment to public policy framed in justice and to increasing access and participation in the community by those marginalized by such things as discrimination. The story also reveals how our work in this area has helped shape the way FSA Toronto operates.

"Traditional monitoring and evaluation approaches are difficult to apply when trying to assess the long term and dynamic nature of advocacy and policy change interventions," Dr. Linda Kelly , International Advocacy: Measuring Performance and Effectiveness

In the early 1990s, our staff and board together with community members worked to create internal policies and training that would ensure open discussions about issues of diversity, equity and anti-oppression. The results of this work — among them FSA's anti — oppression policy and Access and Equity Committee - laid a foundation that has become solidly embedded in the agency.

After more than half a year of intense research and discussion, FSA's Board of Directors formally adopted a definition of family in February 1995:

"A family consists of two or more people, whether living together or apart, related by blood, marriage, adoption or commitment to care for one another".

This definition is notable in that it does not limit the concept of family to heterosexual relationships. Rather, it recognizes that "family" is formed of many different kinds of relationships, including same-sex couples. This interpretation of family was arrived at after a review of definitions given in the Vanier Institute's Profiling Canada's Families report (1992).

In 1996, FSA merged with local counseling service the Toronto Counselling Centre for Lesbians and Gays (TCCLG) to form David Kelley Services. This merger initiated a period of sustained internal change at FSA. TCCLG's expectation in merging with FSA was that the agency would embrace an anti-homophobia stance both publicly and internally. Building on the momentum in this area that was created by FSA's redefinition of family in 1995, the agency took steps to do just that, and more.

In 1999 a Task Force on the Integration of David Kelley Services was formed in order to assess the outcomes of the merger between FSA and TCCLG. In its final report in 2000, the Task Force made substantial recommendations to the Board of Directors on several issues, including the formation of an Access and Equity Committee responsible for social justice and anti-oppression-related concerns.

In addition to the development of a service policy and standards for the agency's work with oppressed communities, FSA initiated:

professional development and cross-program collaboration within FSA (begun in 1999),
developed an agency-wide anti-oppression policy (approved in 2000) to replace the existing anti-racism policy, which condemns oppression and "on the basis of ethnicity, language, race, age, ability, gender, sexual orientation, income, political or religious affiliation in all aspects of its operation and at all levels of the agency". (SOURCE)
created an Access and Equity Workplan (2002) to guide further action within FSA on anti-oppression measures.

As a result there were significant efforts to educate board and staff members at FSA, beginning with discussions amongst advisory board members and resulting in an advisory in September 1999 regarding training for staff, volunteers and board members on sexual orientation sensitivity awareness and HIV-AIDS in relation to family and counseling services.

In November 2003, FSA issued a policy statement on same-sex marriage, upon the urging of the Social Action Committee. This policy statement both affirmed FSA's full recognition of and support for same-sex marriage, and set out three areas in which FSA would act to affirm this position and advance recognition of same-sex marriage in the public arena. The formal declaration of this policy stance marks the beginning of concerted and increasing activities of the association with regard to same-sex marriage discussions and legislative developments in the public arena.

Over the past three years, we have taken an increasingly vocal and public position promoting our inclusive definition of family, including advocating for policies and legislation that recognize same-sex couples and families.

Both on our own and as part of coalitions, FSA Toronto continues to advocate for the equal recognition of same-sex couples. While it is impossible to measure the impact of our voice alone among the many others within the wider debate, we have been able to influence other agencies in the Family Service network. Family Service Canada has adopted a positive position in support of equal marriage and the Chinese Family Service Association now offers gay-friendly family services.

In our 2004 Workplace Survey, nine out of ten staff indicated that they are proud to work at FSA Toronto and more than 80 per cent agreed that our diversity values are an area of strength for the agency. Our passion and commitment to inclusion have also raised awareness among board and committee members of broader issues of oppression.

As we go to print, the Prime Minister has announced plans for a fall vote among MPs on whether to discuss repealing the equal marriage law. FSA Toronto will continue to press for legislation that is fair and inclusive of all should this vote take place.

Timeline	FSA	Public Arena
1984		The United Way begins to adopt anti-racism policies internally and for the agencies it funds.
1985		"Equality for All", a unanimous report prepared by the Parliamentary Committee on Equality Rights, concludes that section 15 of the Charter of Rights (prohibited ground of discrimination) should include sexual orientation. ("Civil Marriage Bill - second reading - debate adjourned", Senate Debates, July 4, 2005, p.1668, from attachment to Serge Joyale Letter to Quebec Bishop - YS)
1986		Ontario recognizes in its Human Rights Code that sexual orientation is a prohibited ground of discrimination. ("Civil Marriage Bill - second reading - debate adjourned", Senate Debates, July 4, 2005, page 1669, from attachment to Serge Joyale Letter to Quebec Bishop, 2005)
1990	FSA develops a Multicultural Access Task Force to address changing demographics (Check Name, "demographics" internally or externally? Staff Access and Equity Committee established
1994	June: FSA's Multicultural Access and Anti-Racism Committee requests the Social Action Committee's endorsement of Bill 167. Social Action Committee establishes a task force to respond to issues around same-sex benefits. November: Mark Morrison-Reed introduces the report Recognition of Rights and Responsibilities of All Couples . The report includes the recommendation that "FSA supports the extension of rights and responsibilities, as currently are provided to heterosexual common-law couples, to same sex couples. In doing so, FSA recognizes same sex couples as family." December: The Board of Directors unanimously passes a resolution, presented by Mark Morrison-Reed, which recognizes same sex-couples as families. The Board of Directors agrees to explore establishing a formal definition of "family"	June: Bill 167, "an act to amend Ontario Statutes to provide for the equal treatment of persons in spousal relationships", is defeated in the Ontario legislature. November-December: Ontario Ministry of Community and Social Services introduces anti-racism protocol
1995	January: FSA President and Executive Director review documentation on FSA's definition of family, in preparation for Board discussion and decision-making on the subject. February: FSA Board of Directors formally adopts a definition of family that includes same-sex couples and other "non-traditional" family relationships.	The Canadian Human Rights Act is amended to include sexual orientation as a prohibited ground of discrimination ("Civil Marriage Bill - second reading - debate adjourned", Senate Debates, July 4, 2005, p.1668, from attachment to Serge Joyale Letter to Quebec Bishop, 2005)
1996	FSA merges with the Toronto Counselling Centre for Lesbians and Gays (TCCLG), forming the David Kelley HIV/AIDS Community Counselling Program and the David Kelley Lesbian and Gay Community Counselling Program.
1997
1998
1999	Board of Directors Task Force on the Integration of David Kelley Services begins an examination of the outcomes of the TCCLG merger. FSA undertakes a Diversity Audit	May: The Supreme Court of Canada, in M v. H & Ontario, rules that the opposite-sex definition in Ontario's Family Law Act is unconstitutional. The Court ordered that the law be changed to ensure equal treatment for same-sex spouses, but the ruling does not give same-sex couple the right to full legal marriage. (Egale Canada, 2006 and Wikipedia, 2006) June: Bill C-78, extending survivor benefits to same-sex couples, is passed in the Senate.
2000	FSA Board of Directors adopts a formal Anti-Oppression Policy and establishes a Board Access and Equity Committee May: Task Force on the Integration of David Kelley Services presents its findings and recommendations on the outcomes of the TCCLG merger.	The Parliament of Canada recognizes the equal status of persons in common-law relationships, regardless of their gender with the enactment of Bill C-23. ("Civil Marriage Bill - second reading - debate adjourned", Senate Debates, July 4, 2005, p. 1669, from attachment to Serge Joyale Letter to Quebec Bishop, 2005)
2001	Access and Equity Workplan is drafted.
2002	FSA Board of Directors approves the Access and Equity Workplan	June: Quebec extends its recognition of the equal status of persons in common-law relationships by making civil union an official commitment by the spouses with no reference to their gender. (Serge Joyale Letter to Quebec Bishop, 2005, page 5) Quebec amends its laws to allow the adoption of children by same-sex couples. (Serge Joyale Letter to Quebec Bishop, 2005, page 5) Alberta introduces bills that extend some rights and obligation of marriage to same-sex couples, including support payments and inheritance rights. (Cotter, 2002)
2003	April: FSA Executive Director Paul Zarnke writes to Bill Graham, MP for Toronto Centre-Rosedale (FSA's riding) urging the Minister's support for Bill C-250, which would add sexual orientation to the list of included grounds under hate propaganda legislation. November: The Social Action Committee presents a recommendation to the Board of Directors that FSA support same-sex marriage legislation. The Board of Directors subsequently issues a position statement on same-sex marriage: Members of the Board of Directors have affirmed that FSA Support same-sex marriage from a human rights perspective as embedded within the Canadian Charter of Rights and Freedoms; Support same-sex marriage as another avenue of choice for same-sex couples to affirm their commitment of caring that is available for all heterosexual couples in Canada; Support same-sex marriage as equal to other forms of caring relationships that define family according to FSA's definition. FSA will do so by: Taking a leadership role to support same-sex marriage among Family Service Associations across Canada; • Joining alliances as advocates with coalitions in support of same-sex marriage; Coordinating with partners to continuously track developments and activities regarding same-sex marriage legislation and plan strategically for action.	Ontario and British Columbia legally recognize same-sex marriage after determining that the Canadian law on marriage is "in violation of provisions set in the Charter of Rights as being prescribed only for heterosexual couples". (Wikipedia, 2003) Justice Minister Martin Cauchon introduces a draft version of what ultimately becomes Bill C-38. The bill was previously submitted to the Supreme Court in order to determine whether the current limited definition of marriage is consistent with the Charter of Rights. (Wikipedia 2006)
2004	19 January: FSA Executive Director Yves Savoie writes letters, and submits a brief, to Prime Minister Martin and Justice Minister Cotler, urging them to support Bill C-38.	The Supreme Court of Canada concludes that marriage of persons of the same sex is consistent with the Charter of Rights, in Bill C-38 (extending access to civil marriage to persons of the same sex). (Reference re Same-Sex Marriage, 2004, Supreme Court of Canada, p.20) Same-sex marriage becomes legal in Quebec (19 March), Yukon Territories (14 July), Manitoba (16 September), Nova Scotia (24 September), Saskatchewan (5 November), and Newfoundland and Labrador (21 December). (Wikipedia 2006)
2005	April: Brief to House of Commons regarding Bill C-68, with the recommendation to reformulate the definition of marriage to include same-sex couples August: FSA requests that Family Service Canada (FSC) adopt an unambiguous position in support of same-sex marriages as part of its policies. September: FSC adopts a positive stance on same-sex marriage: " Family Service Canada supports the legal capacity for marriage for civil purposes to same-sex couples in order to reflect the values of tolerance, respect and equality, consistent with the Canadian Charter of Rights and Freedoms". SOURCES	Justice Minister Irwin Cotler introduces Bill C-38 in parliament. The Bill is subject to a free vote in the House of Commons. Same-sex marriage becomes legal in New Brunswick (23 June) Parliament of Canada passes Bill C-38: the passage of the Civil Marriage Act , makes same-sex marriage legal across Canada, effective July 20, 2005. (Wikipedia 2006)
2006	FSA acts as intervener in a court case involving a same-sex, multi-parent family. FSA receives funding for research projects on issues relating to same-sex families, including for a project on the impact of homophobia on children through the LGBT Parenting Network with the David Kelly Services. FSA withdraws its membership in Family Service Ontario because of the ambiguity of FSO's position on same-sex marriage. SOURCES

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