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What we got: The details
Immigration
1974
- TBP Sep 74: Liberationist defies immigration act. U.S. activist John Kyper
turned back from border at Niagara Falls 26 Aug 74 after telling officials he is gay. Brings
case to GATE; gets wide media coverage. (Kyper later got special minister's permit to
cross border; addressed GO on 25 Mar 75.) Story notes Section 5 of Immigration Act
defines homosexuals, along with pimps, prostitutes and drug addicts, as "undesirable."
1966 White Paper on Immigration had recommended removal of references to
homosexuality from the Act.
- TBP Nov 74: Government may end ban on immigrants. In 15 Oct 74 meeting
(forced by threat of demo by GO), Manpower and Immigration minister Robert Andras
says he would recommend to cabinet removal of homosexuality from Act. Reaffirmed this
in letter to GO, 23 Oct 74. Green Paper on reforms to Act due before Parliament in early
1975.
1975
- TBP Jan 75: Toronto gays join immigration fight. Green Paper tabled in
Commons 3 Feb 75. GATE calls it "waste of paper." Demo (undated) at local federal
office; nationwide day of protest planned; no date yet set.
- TBP Jan 75: What Green Paper says (or doesn't say) about gays. Quotes
from paper (simply stating current restrictions).
- TBP Jul 75: Gay Community Effects Concerted Effort To Protest Failures of
Immigration Paper. Reports gay responses to public hearings (held in 21 cities) on
Green Paper, by GATE Vancouver (undated), GATE Toronto (9 Jun 75) and groups in St
John's, Fredericton, Montreal, Ottawa, Hamilton, Windsor, Winnipeg, Saskatoon, and
Edmonton (also noted in Feb 76 story: Halifax and Quebec City). Groups attack not only
anti-gay aspects of paper, but those seen as racist (quotas based on nation of origin).
- TBP Dec 75: STOP PRESS: Immigration ban may fall. Notes G&M report
(undated; McLeod dates it 21 Oct) saying that yet unpublished report of Special Joint
Committee on Immigration Policy will call for repeal of ban on homosexuals in Act.
1976
- TBP Feb 76: Parliamentary committee recommends end to gay exclusion.
Confirms 21 Oct 75 G&M story above. (Story below says committee reported 6 Nov 75.)
- TBP Dec 76: Gay exclusion to be dropped from Immigration Act. Legislation
based on 6 Nov 75 committee report has been prepared, but "there is no indication when
[it] will be introduced."
1977
- TBP Feb 77: New Immigration Act a victory for gays. Bill tabled in
Commons (no date given) that removes ban on homosexuals. Government press releases
on bill do not mention the change, but Bud Cullen (minister responsible) notes them on
CBC radio. David Garmaise of NGRC says: "This represents the first major victory at the
federal level for the Canadian gay movement."
- TBP Sep 77: New immigration act drops gay exclusion. Reports passage of
bill (with no date; 25 Jul 77 in McLeod).
- TBP Nov 77: New Immigration Act not yet in force. And won't be, story
says, "until early in 1978, or possibly even later." John Kyper, seeking clarification of his
status (his Aug 74 deportation order still standing), is told by Immigration he still needs
minister's permit to enter Canada (and may need one even after Act is in effect).
1978
- TBP Apr 78: Immigration law in force, flood of fruits expected. Act
proclaimed, to be effective 1 Apr 78. Story notes Act still "severely criticized by concerned
groups for its allegedly racist and discriminatory nature."
Thus ends the saga of "undesirable" homosexuals in the Canadian Immigration Act.
The issue continued in US immigration law. See in TBP: dykes hassled going to Michigan
Womyn's Music Festival (Oct 79); ambiguities about ban on homosexuals (Nov 79, Dec
79, May 80, Nov 80); case of Canadian activist Philip Fotheringham, turned back at border
in 1981 (Jun, Jul & Oct 81); and story on "loophole" closed in 1984 (Sep 84), which
reports "Immigration and Naturalization Service still considers lesbians and gay men unfit
for entry into the US." I have not tracked later U.S. developments; the ban on homosexuals
was lifted, I believe, but another was later imposed on people with HIV.
There were later Canadian immigration stories as well: on people trying to sponsor
immigrant lovers under "family" provisions; and on others seeking refugee status based on
their homosexuality. But I have not recorded those here.
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