*The acronym “2SLGBTQI+” is used domestically in Canada to refer to Two-Spirit, lesbian, gay, bisexual, transgender, queer, and intersex people, and those from sexually and gender-diverse communities. The acronym “LGBTQI+” is used in international contexts and will be used exclusively throughout this note for reasons of uniformity.
LGBTQI+ people around the world continue to face persecution and discrimination, forcing many to seek refugee protection in other countries. Canada has implemented a variety of initiatives in recent years to welcome LGBTQI+ refugees. These include the federally supported Rainbow Refugee Assistance Partnership, among other programs and settlement services that prioritize LGBTQI+ refugees for resettlement in Canada.
Threats to LGBTQI+ People Internationally
In total, 64 countries around the world criminalize consensual same-sex sexual activity, with seven of them imposing the death penalty on those found guilty of such activity. The Office of the United Nations (UN) High Commissioner for Human Rights has highlighted the dangers faced by LGBTQI+ individuals in every region of the world. These include the following:
- targeted killings;
- sexual and physical violence, including that which occurs in state institutions such as medical clinics, prisons and schools, as well as spontaneous attacks;
- arbitrary arrest and detention;
- hate speech, often perpetuated by state officials and the media;
- forced conversion therapy, surgeries and sterilization;
- restricted access to basic services, including inadequate access to appropriate health care; and
- higher levels of bullying and abuse in school settings, leading to lower educational attainment.
These acts of persecution and discrimination sometimes drive LGBTQI+ people to claim asylum in other countries. However, they may continue to be at risk of violence, persecution and discrimination as asylum seekers or in refugee camps and in neighbouring countries. Since LGBTQI+ people frequently face discrimination at the hands of non-state actors such as family and other community members, forced displacement can be a further source of persecution and trauma. As a result, these individuals are, and will continue to be, in need of resettlement to third countries like Canada.
International Human Rights Instruments
The rights of LGBTQI+ persons are protected by a number of international human rights instruments, most notably the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the 1951 Convention Relating to the Status of Refugees (the Refugee Convention) and its 1967 Protocol. While sexual orientation, gender identity and gender expression are not specifically mentioned in these instruments, over time, they have been interpreted by UN bodies, courts and states to include protections for LGBTQI+ people.
To assess how to better apply international human rights instruments to protect LGBTQI+ persons and to determine the root causes of violence and discrimination, the UN Human Rights Council appointed in 2016 an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. The Independent Expert employs various means to achieve their mandate, including identifying best practices in implementing human rights instruments, raising awareness of human rights violations, and engaging in dialogue with states and other stakeholders to foster greater protection of LGBTQI+ people.
Protection and Resettlement of LGBTQI+ Refugees in Canada
Asylum in Canada was first granted on the basis of persecution as a result of sexual orientation in a 1991 decision (N. (K.U.) (Re), [1991] C.R.D.D. No. 1140 (QL)) by the former Convention Refugee Determination Division of the Immigration and Refugee Board (IRB), which is the administrative tribunal responsible for determining refugee status.
In 1993, the Supreme Court of Canada clarified that “membership in a particular social group” (one of the five Refugee Convention grounds used by the Canadian government to determine refugee status eligibility) refers to groups possessing an “innate, unchangeable characteristic.” This ruling allowed greater numbers of LGBTQI+ individuals to successfully claim asylum based on persecution because of their sexual orientation. In 2000, the IRB approved for the first time the refugee claim of a person fleeing persecution for openly identifying as being transgender, thereby establishing that persecution on the basis of gender identity can constitute a valid ground for making a refugee claim (B.D.K. (Re), [2000] C.R.D.D. No. 72 (QL)).
In 2017, the IRB implemented the Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation, Gender Identity and Expression, and Sex Characteristics. The guideline provides decision makers with a set of principles to follow in cases involving LGBTQI+ claimants. It addresses the difficulties that many LGBTQI+ individuals and others claiming asylum face because of their actual or perceived non-conformity with socially accepted norms related to sexual orientation, gender identity and expression, and sex characteristics in a particular cultural environment.
In 2022, the implementation of the guideline was reviewed by the IRB. The review concluded that members, internal partners and stakeholders found the guidelines useful and largely successful, but the review also provided 11 recommendations. One recommendation suggested the development of additional in-person training, specifically on sensitive questioning approaches and avoidance of stereotypes and inappropriate assumptions, while another recommended additional guidance and clarity in carrying out determinations and credibility assessments.
Alongside this growing recognition of sexual orientation and gender identity and expression as valid grounds for claiming asylum, the federal government has specifically supported LGBTQI+ refugees through several initiatives:
- 2011 – The Government of Canada partnered with the Rainbow Refugee Society on a pilot program to increase private sponsorship of LGBTQI+ refugees. In 2019, the program was expanded and renamed the Rainbow Refugee Assistance Partnership. Up to 50 incoming LGBTQI+ refugees per year are supported, with funding shared between Immigration, Refugees and Citizenship Canada (IRCC) and private sponsors. The Rainbow Refugee Assistance Partnership has been renewed until the end of 2029. As of 2024, a total of 335 refugees had arrived through this initiative, and in 2025 it was announced that IRCC officials are working with stakeholders on the further expansion of the partnership.
- 2022 – The federal government’s special humanitarian resettlement program for vulnerable Afghan nationals prioritized LGBTQI+ persons by allocating an additional 150 spaces for Afghan LGBTQI+ refugees through the Rainbow Refugee Assistance Partnership between 2022 and 2024.
- 2023 – The federal government officially partnered with the non-profit organization Rainbow Railroad to identify and refer up to 250 at-risk LGBTQI+ refugees and their families per year for resettlement under Canada’s Government Assisted Refugee program.
LGBTQI+ refugees who are resettled to Canada receive the same support and settlement services as non-LGBTQI+ refugees. This consists of income for up to one year and support from federally funded service providers, which includes help finding and outfitting accommodation, orientation and translation services, and information about public services.
This being said, experts argue that typical newcomer support networks such as those found in ethnocultural communities often do not exist for LGBTQI+ refugees. Consequently, settlement supports provided by groups specializing in services to LGBTQI+ individuals, like AGIR Montréal and Rainbow Refugee in Vancouver, can be more effective. The Queer Forced Displacement Initiative, which is supported by Rainbow Railroad and receives contributions from Global Affairs Canada, aims to build a global multistakeholder network to share expertise and develop innovative protection solutions for forcibly displaced LGBTQI+ individuals.
LGBTQI+ organizations can provide refugees with information about LGBTQI+ rights in Canada and support them in exploring their sexual and gender identity within new cultural contexts. They can also connect refugees with LGBTQI+-friendly mental and physical health services that address the particular trauma and violence faced by LGBTQI+ individuals who are fleeing what may be multiple traumatic situations at state, community and family levels.
Further Reading
Coleman, Lara. Resettling Refugees: Canada’s Humanitarian Commitments. Publication No. 2020-74-E. Library of Parliament, 19 June 2025.
House of Commons, Standing Committee on Citizenship and Immigration. Adapting Canada’s Immigration Policies to Today’s Realities. Twenty-fifth Report, June 2019.
Immigration, Refugees and Citizenship Canada. LGBTQI+ refugees.
Women and Gender Equality Canada. 2SLGBTQI+.
By Lara Coleman, Library of Parliament
Categories: Gender Equality, Law, justice and rights, Social affairs and population