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History

Homosexual activity in Northwest Territories

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Homosexual activity in Northwest Territories is legal.

Current status
Since Jun 27, 1969
Legal under federal Canada law
In 1969, Canada enacted the Criminal Law Amendment Act, 1968–69, which decriminalized private and consensual homosexual activities between adults aged 21 and over.
Details
Sources:
www.canada.ca/en/canadian-h…
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Jun 26, 1954–Jun 26, 1969
Illegal (imprisonment as punishment) under federal Canada law
In the 1953-54 parliamentary session, the Criminal Code was amended to also criminalize homosexuality between women, it took effect in the summer of 1954.
Details
Sources:
www.thecanadianencyclopedia…
www.constancebackhouse.ca/f…
www.courthouselibrary.ca/ho…
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Jul 1, 1893–Jun 25, 1954
Male illegal, female legal under federal Canada law
In 1890, the House of Commons introduced a new offence called “gross indecency." The new offence made it easier to charge suspected sodomites.

In 1893, the gross indecency law became part of the country’s first Criminal Code. The original language of the law referred only to homosexual acts between men, as sex between women was typically ignored at the time.
Details
Sources:
www.thecanadianencyclopedia…
lop.parl.ca/sites/PublicWeb…
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Until Jun 30, 1893
Illegal (death penalty as punishment) under federal Canada law
In 1648, the first documented case of a sodomy conviction occurred.

The military drummer, who was the man convicted, was found guilty and was sentenced to death. However, Jesuits stepped in and were able to transfer the case to Québec City, where his life was sparred.

From then until 1893, few known cases exist of homosexuals being sentenced to death.
Details
Sources:
www.thecanadianencyclopedia…
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Same-sex marriage in Northwest Territories

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Same-sex marriage in Northwest Territories is unknown.

Current status
Unknown

Censorship of LGBT issues in Northwest Territories

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Censorship of LGBT issues in Northwest Territories is no censorship.

Current status
No censorship
In Northwest Territories, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
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Right to change legal gender in Northwest Territories

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Right to change legal gender in Northwest Territories is legal, no restrictions.

Current status
Since Jul 1, 2017
Legal, no restrictions
Residents do not require surgery to change their gender marker.
Details
Sources:
www.cbc.ca/news/canada/nort…
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Jan 1, 2013–Jul 1, 2017
Legal, but requires surgery
Since 2013, the Northwest Territories required surgery for legal gender recognition until 2017.
Details
Sources:
www.cbc.ca/news/canada/nort…
www.justice.gov.nt.ca/en/fi…
www.canlii.org/en/nt/laws/s…
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Until Dec 31, 2012
Illegal
Until 2013, there was no legal gender recognition provided in the Northwest Territories.
Details
Sources:
www.canlii.org/en/nt/laws/s…
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Gender-affirming care in Northwest Territories

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Gender-affirming care in Northwest Territories is legal.

Current status
Since 2000
Legal
Northwest Territories currently cover mastectomies and genital surgeries (vaginoplasty, phalloplasty, metoidioplasty and clitoral release). In some cases, they cover breast augmentation if a patient failed to respond to hormone therapy or if they have a congenital abnormality.

To be admissible, patients have to be diagnosed with gender dysphoria. For genital surgery, they must have been on hormones for at least 12 continuous months.
Details
Sources:
globalnews.ca/news/8900413/…
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Legal recognition of non-binary gender in Northwest Territories

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Legal recognition of non-binary gender in Northwest Territories is recognized.

Current status
Since Jul 1, 2017
Recognized
Northwest Territories residents can ask for an X as a gender marker on their birth certificates.
Details
Sources:
www.cbc.ca/news/canada/nort…
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LGBT discrimination in Northwest Territories

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LGBT discrimination in Northwest Territories is unknown.

Current status
Unknown

LGBT employment discrimination in Northwest Territories

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LGBT employment discrimination in Northwest Territories is unknown.

Current status
Unknown

LGBT housing discrimination in Northwest Territories

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LGBT housing discrimination in Northwest Territories is unknown.

Current status
Unknown

Same-sex adoption in Northwest Territories

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Same-sex adoption in Northwest Territories is legal.

Current status
Since Jul 1, 2004
Legal
The Human Rights Act of 2002 amended the 1998 Adoption Act to allow LGB couples to legally adopt. The sections of the act amending the Adoption Act did not take effect until July 2004.
Details
Sources:
www.canlii.org/en/nt/laws/s…
www.canlii.org/en/nt/laws/s…
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Until Jun 30, 2004
Illegal
Before 2004, gay couples could not adopt, even through stepchild adoption.
Details
Sources:
www.gov.mb.ca/justice/publi…
www.revparl.ca/english/issu…
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Intersex infant surgery in Northwest Territories

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Intersex infant surgery in Northwest Territories is not banned.

Current status
Not banned under federal Canada law
Section 268 of Canada's Criminal Code (1985) makes aggravated assault illegal, including actions that cause injury or harm to a victim's sex organs. However, there is an exception in Section 268(3)(a) for medical practitioners performing surgeries to establish a "normal sexual appearance." Therefore, medical practitioners performing surgeries on intersex youth is not banned.
Details
Sources:
database.ilga.org/canada-lgbti
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Serving openly in military in Northwest Territories

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Serving openly in military in Northwest Territories is legal.

Current status
Since Oct 10, 1992
Legal under federal Canada law
LGBT soldiers are permitted to serve in the Canadian military and have been since Douglas v Canada.
Details
Sources:
web.archive.org/web/2011080…
web.archive.org/web/2011051…
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Until Oct 9, 1992
Illegal under federal Canada law
Before Douglas v Canada LGBT individuals were banned from serving in the Canadian military.
Details
Sources:
web.archive.org/web/2011080…
web.archive.org/web/2011051…
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Blood donations by MSMs in Northwest Territories

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Blood donations by MSMs in Northwest Territories is legal.

Current status
Since Sep 30, 2022
Legal
Following the Canadian Blood Services guidelines.
Details
Sources:
www.blood.ca/en/blood/am-i-…
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Jun 3, 2019–Sep 30, 2022
Banned (less than 6-month deferral)
Following the Canadian Blood Services guidelines.
Details
Sources:
www.blood.ca/en/blood/am-i-…
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2016–Jun 3, 2019
Banned (1-year deferral)
Following the Canadian Blood Services guidelines.
Details
Sources:
www.macleans.ca/news/canada…
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Conversion therapy in Northwest Territories

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Conversion therapy in Northwest Territories is banned.

Current status
Since Jan 7, 2022
Banned
Conversion therapy is banned in the Northwest Territories under federal Canadian law.
Details
Sources:
www.npr.org/2021/12/09/1062…
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Equal age of consent in Northwest Territories

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Equal age of consent in Northwest Territories is equal.

Current status
Since Jun 21, 2019
Equal under federal Canada law
In 2019, a bill was passed to equalise the age of consent to age 16 no matter the sexuality.
Details
Sources:
www.parl.ca/DocumentViewer/…
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May 1, 2008–Jun 20, 2019
Unequal under federal Canada law
The age of consent in for anal sex in Canada is 18, whereas the age of consent for acts of sex is 16.
Details
Sources:
www.thestar.com/life/health…
www.ctvnews.ca/sexual-age-o…
Canadian Criminal Code, Section 159 - laws-lois.justice.gc.ca/eng…
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Equality Index ?
94 / 100
Legal Rights
94 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Northwest Territories to help improve its accuracy.
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