Delwin Vriend
Encyclopedia
Delwin Vriend is a Canadian
who was at the center of a landmark provincial and federal legal case, Vriend v. Alberta
, concerning the inclusion of sexual orientation as a protected human right in Canada.
in 1966 to a Canadian father and American
mother, moved to Edmonton
, Alberta
, with his parents at the age of two. The oldest of five children, he was raised with three siblings on an organic
vegetable farm to the south of Edmonton in the county of Leduc
. His parents were members of the local Christian Reformed Church
and he attended private Christian elementary and secondary schools before enrolling at The King's College (now King's University College
) in Edmonton and then transferring to Calvin College
in Grand Rapids, Michigan, to earn his physics and mathematics degree.
After briefly being employed as an electrician, Vriend was asked to work at The Kings College as a laboratory coordinator and chemistry
lab instructor. He worked in that capacity for three years.
Vriend attempted to file a discrimination complaint with the Alberta Human Rights Commission
, but was refused on the grounds that sexual orientation was not protected under the province's human rights code. He subsequently sued the Government of Alberta and its Human Rights Commission.
In 1994, an Alberta court ruled that sexual orientation must be treated as a protected class under human rights legislation. The provincial government subsequently appealed and in 1996 the decision was overruled by the Alberta Court of Appeal. This decision was then appealed to the Supreme Court of Canada
in the case of Vriend v. Alberta
, who finally ruled in 1998 that provincial governments could not exclude protection of individuals from human rights legislation on the basis of sexual orientation..
Despite popular misunderstanding, the Vriend case was not against The King's College, and Vriend never pursued a human rights complaint against the institution. The case strictly involved whether claims to the Human Rights Commission on the basis of sexual orientation could be investigated by provincial human rights commissions, and did not set any legal precedent for the resolution of such claims. Canadian human rights legislation does exempt religious institutions in specific cases typically involving the education of minors, and the Supreme Court ruling did not change that. However, some religious groups had lobbied the provincial and federal governments to invoke Canada's notwithstanding clause
to overrule the decision. This course of action was never pursued by the Alberta government.
The Supreme Court decision in Vriend vs. Alberta was used to argue provincial cases against bans on same-sex marriage throughout Canada. In addition, the decision has had greater ramifications within Canadian law outside of sexual orientation issues. It has shaped legal precedent concerning provincial and federal government relationships as well as labor and other civil rights and constitutional laws.
library. However, the publicity surrounding the case caused Vriend to leave Canada in 2000.
Stemming from his childhood on an organic farm and the concern for the environment instilled by his parents, Delwin Vriend became vegan in 1994.
In 2005, Delwin Vriend placed 44th on the list published by Alberta Venture magazine as one of this century's 50 greatest Albertans.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
who was at the center of a landmark provincial and federal legal case, Vriend v. Alberta
Vriend v. Alberta
Vriend v. Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation...
, concerning the inclusion of sexual orientation as a protected human right in Canada.
Early life
Delwin Vriend, born in Sioux Center, IowaIowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
in 1966 to a Canadian father and American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
mother, moved to Edmonton
Edmonton
Edmonton is the capital of the Canadian province of Alberta and is the province's second-largest city. Edmonton is located on the North Saskatchewan River and is the centre of the Edmonton Capital Region, which is surrounded by the central region of the province.The city and its census...
, Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
, with his parents at the age of two. The oldest of five children, he was raised with three siblings on an organic
Organic farming
Organic farming is the form of agriculture that relies on techniques such as crop rotation, green manure, compost and biological pest control to maintain soil productivity and control pests on a farm...
vegetable farm to the south of Edmonton in the county of Leduc
Leduc County, Alberta
Leduc County is a municipal district located immediately south of the City of Edmonton. It is east to west and north to south, and has a population of over 12,000 people. The municipal district is home to scenic prairie parkland and several lakes...
. His parents were members of the local Christian Reformed Church
Christian Reformed Church in North America
The Christian Reformed Church in North America is a Protestant Christian denomination in the United States and Canada. Having roots in the Dutch Reformed churches of the Netherlands, the Christian Reformed Church was founded by Gijsbert Haan and Dutch immigrants who left the Reformed Church in...
and he attended private Christian elementary and secondary schools before enrolling at The King's College (now King's University College
King's University College (Edmonton)
The King's University College is a private liberal arts college, located in Edmonton, Alberta, Canada. The University was founded by members of the Christian Reformed Church who saw a need for a regional, trans-denominational, Christian college in Western Canada...
) in Edmonton and then transferring to Calvin College
Calvin College
Calvin College is a comprehensive liberal arts college located in Grand Rapids, Michigan. Founded in 1876, Calvin College is an educational institution of the Christian Reformed Church and stands in the Reformed tradition of Protestantism...
in Grand Rapids, Michigan, to earn his physics and mathematics degree.
After briefly being employed as an electrician, Vriend was asked to work at The Kings College as a laboratory coordinator and chemistry
Chemistry
Chemistry is the science of matter, especially its chemical reactions, but also its composition, structure and properties. Chemistry is concerned with atoms and their interactions with other atoms, and particularly with the properties of chemical bonds....
lab instructor. He worked in that capacity for three years.
Civil rights case
In 1991, Vriend, who was open within his congregation about being in a same-sex relationship, was fired because his sexual orientation was deemed incompatible with a newly created statement of religious belief adopted by The Kings College.Vriend attempted to file a discrimination complaint with the Alberta Human Rights Commission
Canadian Human Rights Commission
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...
, but was refused on the grounds that sexual orientation was not protected under the province's human rights code. He subsequently sued the Government of Alberta and its Human Rights Commission.
In 1994, an Alberta court ruled that sexual orientation must be treated as a protected class under human rights legislation. The provincial government subsequently appealed and in 1996 the decision was overruled by the Alberta Court of Appeal. This decision was then appealed to the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in the case of Vriend v. Alberta
Vriend v. Alberta
Vriend v. Alberta [1998] 1 S.C.R. 493 is an important Supreme Court of Canada case that determined that a legislative omission can be the subject of a Charter violation...
, who finally ruled in 1998 that provincial governments could not exclude protection of individuals from human rights legislation on the basis of sexual orientation..
Despite popular misunderstanding, the Vriend case was not against The King's College, and Vriend never pursued a human rights complaint against the institution. The case strictly involved whether claims to the Human Rights Commission on the basis of sexual orientation could be investigated by provincial human rights commissions, and did not set any legal precedent for the resolution of such claims. Canadian human rights legislation does exempt religious institutions in specific cases typically involving the education of minors, and the Supreme Court ruling did not change that. However, some religious groups had lobbied the provincial and federal governments to invoke Canada's notwithstanding clause
Section Thirty-three of the Canadian Charter of Rights and Freedoms
Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause , or as the override power, and it allows Parliament or provincial legislatures to override certain portions of the Charter...
to overrule the decision. This course of action was never pursued by the Alberta government.
The Supreme Court decision in Vriend vs. Alberta was used to argue provincial cases against bans on same-sex marriage throughout Canada. In addition, the decision has had greater ramifications within Canadian law outside of sexual orientation issues. It has shaped legal precedent concerning provincial and federal government relationships as well as labor and other civil rights and constitutional laws.
Personal life
Delwin Vriend left the church, according to him, due to the actions of The Kings College and the Christian Reformed Church. After his termination, Vriend was unemployed for seven months before finding part-time employment with the AIDS Network of Edmonton Society and eventually a full-time position with the University of AlbertaUniversity of Alberta
The University of Alberta is a public research university located in Edmonton, Alberta, Canada. Founded in 1908 by Alexander Cameron Rutherford, the first premier of Alberta and Henry Marshall Tory, its first president, it is widely recognized as one of the best universities in Canada...
library. However, the publicity surrounding the case caused Vriend to leave Canada in 2000.
Stemming from his childhood on an organic farm and the concern for the environment instilled by his parents, Delwin Vriend became vegan in 1994.
In 2005, Delwin Vriend placed 44th on the list published by Alberta Venture magazine as one of this century's 50 greatest Albertans.