Homosexuality in Early Canada

• Indigenous societies often accepted what? Additionally, what type of "gender," that would be considered non-conforming in contemporary Canadian society, was noted?

  • Indigenous societies often accepted same sex partnerships.
  • Two Spirit is a: sexual, gender, or social role in Indigenous societies. These certain individuals were believed to have both male and female spirits.
• How was homosexual and sodomy viewed in early Canada?

  Homosexuality was viewed as immoral and dangerous to colonial society. As for sodomy, it was punishable by death. While there is no evidence anyone was put to death, individuals were commuted to imprisonment.
• When and where was the earliest known sodomy conviction in Canada?

  The earliest known sodomy conviction was in 1648 in New France. It was a military drummer who was charged with, as described: "crimes of the worst kind. He was sentenced to death. However, a religious group – Jesuits – intervened on his behalf and his life was spared. He became an execution to escape the gallows.
• Laws regarding homosexuality became more strict during what time? What was the usual charge for this? How were immigrants who identified as homosexuals barred from entering Canada?

  Laws regarding homosexuality became more strict mid-1860s to the 1960s. In the 1890s the usual charge was "gross indecency." Legislation barred homosexuals from immigrating to Canada.
• How were homosexuals further criminalised in Canada from 1948 and 1961?

  Criminal Code amendments further criminalised and designated as homosexuals as: "criminal sexual psychopath" and "dangerous sexual offender." Gay people who were not celibate were immediately criminalised. As for men, they could be jailed indefinitely.
• What were the gross indecency laws like in 1892 - 1969?

  • Included sex acts beyond sodomy, "gross indecency" was added to the Criminal Code of 1892.
  • Did not define what gross indecency was.
  • Only referred to acts between two men.
  • Ignored sex between females.
  • Gross indecency amended in the Criminal Code to include women in 1953.
  • Was removed in 1969.