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Human Rights Act may force Curley's return to politics

"Sexual orientation" clause dismays former cabinet minister

PATRICIA D'SOUZA

Tagak Curley is considering a run for the legislative assembly on Feb. 16. If elected, he would seek the premier's job and then amend the human rights act to remove "sexual orientation" as a ground for discrimination. (FILE PHOTO)

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Tagak Curley, the founder of Inuit Tapiriit Kanatami, chief negotiator for Tunngavik Federation of Nunavut, and a former minister of economic development in the Government of the Northwest Territories, is contemplating a return to political life after the controversial passage of Nunavut's human rights legislation last week.

"I have been honest with the people. I have not intended for a long time, but I'm now considering that [running in the 2004 general election]," Curley said in an interview late last week from his home in Rankin Inlet.

Curley was one of several prominent Nunavummiut who tried to lobby MLAs to reject the human rights bill before the vote on Nov. 4.

"The new legislation, if approved by current members of the assembly without changes, would make 'sexual orientation' one of the prohibited grounds for discrimination," he wrote in a letter dated Oct. 29 and tabled in the assembly by Manitok Thompson, the minister of education.

"The current Government of Nunavut and MLAs in support of this provision in effect would amend the Bible and prevent gospel preachers' freedom to preach the word of God."

MLAs passed the Human Rights Act by a narrow margin, with eight opposing the legislation because it includes "sexual orientation" as a prohibited grounds for discrimination.

But if he is elected to the territorial government, Curley said he would remove the controversial part of the law.

"The act is subject to amendment at any time. So it's not final. It may enjoy this assembly's term, but it will be dealt with next assembly," Curley said.

What's more, he said he has ambitions to become the territory's next premier.

"I've been compelled to consider that option," he said.

He is particularly upset about a motion to define the term 'marital status' in the bill. A copy of the motion was faxed to Curley by a member of the legislative assembly. The member's name is scribbled out on the fax, and Curley would not say who sent him the information.

The motion, which was never raised in committee of the whole, proposed to define "marital status" to mean "the status of being married, single, widowed, divorced or separated and includes the status of living with a person of the same or opposite sex in a conjugal relationship outside marriage."

Though the passage refers only to common-law relationships, and does not change current law, the inclusion of same-sex couples in the definition of marital status confirmed for Curley, and many other detractors of the bill, that it's hidden goal was to redefine marriage in Nunavut.

"It was a draft, but their [government's] hands got burned. It was considered last week. It was circulated, but during the caucus meeting, they got burned. So they shredded it," Curley said. "Their tactics were to try and put it in under the table."

On the other hand, Curley said he and others opposing the bill were honest and forthright. "We did not do anything deceptive," he said.

The problem, he said, is that the bill's supporters couldn't show why Nunavut needed to legislate protection for gays and lesbians - that is, they couldn't show that anyone had been discriminated against for reasons of sexual orientation.

"Sexual orientation was rarely said, except we're going to treat everybody equal and if we take that provision out, there won't be any teeth to the legislation. That's a bunch of baloney. We have survived this far without getting into conflict. And we're not in conflict," he said.

"There isn't that kind of statistic that says there's wide-spread discrimination. There's not one evidence that you would find that people are discriminating against those people who practice that lifestyle. They are in fact working today and they are entitled to a living, just like I am."

What it comes down to for Curley is that recognizing homosexuality in legislation means redefining God's word.

"Those of us that are opposed to changing the definition of our God, that worries us," he said.

"If you look at the Canadian Charter of Rights, you could see that Canada is founded on the principals with the supremacy of God. That's the basics of the Constitution. Canada recognizes the supremacy of God.

"Those of us that believe in that also must have protection."

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