CANADIANS ARE FEELING GROOVY

Canadian Social Values Just May Be Up For Grabs

There's an odd feeling of reform in the air. While there are fewer flower
children and student radicals running around Canada nowadays, the federal
government's apparent interest in liberalization feels strangely reminiscent
of 1968.

It was 35 years ago that Pierre Trudeau, then justice minister, introduced
some radical reforms -- which were passed in 1969. Homosexuality was
decriminalized. Abortion was legalized. Divorce was made available
nationally. Trudeau introduced changes that pulled morality at least one
step back from its influence on our laws.

Now the federal government has introduced a law decriminalizing the
possession of small amounts of marijuana and is considering permitting
same-sex marriage. (See the next two stories for more on marriage.) Both
issues are linked by social conservative morality that demonizes sex (at
least the legal recognition of homosex), drugs and rock 'n' roll; any
reforms would pull morality another step back from the law.

It's easy to criticize these reforms for not aiming high enough. The
marijuana law is going to increase the penalties for folks who grow and sell
the stuff. The same-sex marriage initiative may fade into a separate
domestic partnership regime; at the very least whatever the government does
will set aside the larger question of why government is regulating
relationships in the first place.

The same diminished ambitions were true in 1968. Homosexuality was
decriminalized, but anal sex was left in the Criminal Code if it involved
more than two people. (You can read more about this issue on this website at
www.xtra.ca/bawdywork.) Abortion was made legal, but only through
therapeutic abortion committees in hospitals. Divorce was made available,
but folks still had to wait three years.

Yet, back in 1968, politicians needed substantial courage to even touch the
issue of sex and sexuality at all. Do they have the same nerve in 2003?

It's too early to say. The marijuana bill might not pass, and the feds might
still wimp out on same-sex marriage. The feds are, well, not exactly
populated by courageous folks like Trudeau. In fact, on most controversial
issues, they're wimps.

This is how 2003 is dramatically different than 1968. The reforms you can
smell are coming from the courts. You can trace this back to Trudeau who,
later, gave us the Canadian Charter Of Rights And Freedoms, which
permanently changed politics in this country. Controversial social issues
are now delegated to courts, allowing politicians to avoid taking a stand.
Government action on social and moral issues comes only because the courts
have ordered it. Then politicians huff and puff about how courts are just
too big for their britches these days.

The courts have not only shown courage, they've also shown that they're more
in tune with changing Canadian values than elected officials. In polls, the
majority (though admittedly sometimes slim majority) of Canadians favour the
legalization of marijuana, same-sex marriage and laws protecting gay and
lesbian people from discrimination -- all cases where courts have led
politicians.

Canadians have less and less tolerance for social conservatives who hate
homosexuals, and want women barefoot, pregnant and in the kitchen. The
Bible-driven values of the religious right just don't hold sway like they do
in the US, where gay men and lesbians are still trying to repeal sodomy laws
and get basic human rights.

No matter where it's coming from, the reform in the air signals the
continuing decline of social conservatives and their Victorian morality. So
maybe it's time to put on a tie-dye shirt, and tell the feds that it's time
to do the right thing. The courts and the majority of Canadians are right
there with them.