Originally published in TEACH Magazine, Equal Love, Equal Rights: 25th Anniversary of the Modernization of Benefits and Obligations Act Special Issue, 2026
By Fiona Tapp
In 2025, Canada marked a significant milestone: the 25th anniversary of the Modernization of Benefits and Obligations Act. It was a pivotal piece of legislation that transformed the legal landscape for LGBTQIA2S+ Canadians.
Passed in 2000, this Act was not just a legal reform, but also a declaration of equality, a step toward dismantling systemic discrimination, and a catalyst for societal change. The true measure of this milestone extends far beyond legal rights—it fundamentally impacted the emotional, psychological, and societal well-being of LGBTQIA2S+ people across the country.
From Exclusion to Recognition
Before the enactment of the Modernization of Benefits and Obligations Act, LGBTQIA2S+ individuals and couples in Canada faced significant legal disparities, such as being excluded from over 60 federal statutes that provided financial, social, and legal benefits to heterosexual couples. This wasn’t just an administrative oversight; it was a reflection of institutionalized discrimination that marginalized the very existence of same-sex couples and denied them the recognition of their relationships and families.
The passage of the Act was a game-changer. It provided legislative recognition to same-sex couples, extending vital rights and protections under the law. Same-sex couples gained access to inheritance rights, tax benefits, and legal standing in matters of health and family law. Beyond this legal recognition, the Act also signalled that these relationships were worthy of dignity and respect, which in turn helped to change societal views.
“The Modernization of Benefits and Obligations Act provided important legal protections that are necessary to ensure that LGBTQIA2S+ communities are not only seen as equal but are also treated equally,” explains Harini Sivalingam, Director of the Equality Program at Canadian Civil Liberties Association (CCLA).
“Laws that protect individuals from discrimination often lead to a decrease in overt discrimination and help to reduce stigma, thus increasing security for queer communities,” she adds. “In the decades following legal advancements in rights, public opinion polling has demonstrated increased support for LGBTQIA2S+ communities.”
This cultural and legal shift had profound implications, not only for LGBTQIA2S+ individuals, but also for their families and the wider society, including children and youth who experienced these changes in their schools and communities. The ripple effects of the Act’s passage allowed many to move forward with their lives, assured that their relationships were no longer criminalized or invisible.
However, it’s important to remember that progress does not happen by accident. The shift towards legal recognition was the result of years of advocacy, grassroots mobilization, and strategic legal battles fought by LGBTQIA2S+ individuals and organizations. The Modernization of Benefits and Obligations Act did not emerge from a vacuum, but rather from persistent efforts to challenge discriminatory practices and fight for the rights of same-sex couples.
“The Modernization of Benefits and Obligations Act was not just a legal change,” says Helen Kennedy, Executive Director at Egale Canada. “It was the product of many years of tireless advocacy by LGBTQIA2S+ individuals and organizations like Egale Canada, who fought to have our relationships recognized by law.”
She adds that, “Twenty-five years later, young LGBTQIA2S+ Canadians grow up in a country where equal relationship rights have always been their reality—a testament to the resilience of our community and a profound source of belonging, pride, and mental well-being. Today, we honour that achievement by continuing the fight for dignity and full recognition of the rights of trans, gender diverse, and intersex people across Canada.”
Equality and Well-being
The legal advancements brought about by the Modernization of Benefits and Obligations Act had profound psychological implications. Legal recognition of relationships and families provided a sense of validation and belonging, both of which are fundamental to mental health. It also fostered a sense of safety, which is crucial for emotional well-being. For those who lived through the era when their relationships were criminalized, these changes were life-altering.
Julianna Harry, a registered psychotherapist and the founder of Grey Couch Counselling, points out that the journey toward full equality is still ongoing, however. “Even though younger people haven’t grown up in a society that has criminalized certain relationships, we’re still seeing that it’s being politicized,” she notes.
This politicization of LGBTQIA2S+ rights continues to perpetuate stigma and discrimination. It results in LGBTQIA2S+ people often being positioned as “others,” which can reinforce social exclusion and a lack of societal acceptance. This highlights the ongoing need for advocacy, education, and mental health support to ensure that all LGBTQIA2S+ individuals feel safe, valued, and included in Canada.
A Foundation for Acceptance
The psychological benefits of legal equality are not just limited to individual well-being. The collective impact is just as significant.
Laura Laidlaw, a licensed professional Canadian counsellor at Calgary-based Shelly Qualtieri & Associates, emphasizes the importance of equitable treatment under the law in fostering a sense of belonging. “Legal equality is more than policy, it is a declaration of worth, a foundation for self-acceptance, and a catalyst for collective healing,” she says. “When governments acknowledge and protect marginalized groups, they send a powerful message: ‘You are seen, you are valued, and you belong.’”
For LGBTQIA2S+ people, particularly those in marginalized communities, belonging is an essential aspect of psychological resilience. Studies have shown that when individuals feel accepted and valued by society, their rates of depression, suicidality, and self-stigmatization decrease significantly. This sense of belonging is crucial for mental health because it counters the feelings of rejection or isolation that often come with social marginalization.
Sivalingam says legal recognition plays a pivotal role in this process. By affirming the legitimacy of people’s identities, it also helps to “normalize diverse relationships and family structures beyond the nuclear heterosexual family structure. Law sends a powerful message about what our society values,” she explains. “Recognizing diverse relationships and family structures normalizes the existence, presence, and visibility of LGBTQIA2S+ people as a part of Canadian society.”
For Canadian educators in particular, fostering a sense of belonging within the classroom is vital. Understanding that legal and societal affirmation can significantly impact mental health allows educators to approach LGBTQIA2S+ inclusion with greater empathy and awareness.
Intergenerational Trauma and the Need for Continued Support
While legal advancements have been significant, they do not erase the generational trauma experienced by LGBTQIA2S+ individuals. The legacy of discrimination, criminalization, and marginalization continues to affect mental health and well-being—even for those who were not directly impacted by these practices. This is particularly evident in the lingering stigma that many LGBTQIA2S+ individuals face every day.
“There’s a level of generational trauma that’s trickled down when that’s part of your community,” Harry observes, “and even if you don’t know it directly, there’s going to be remnants of it within the community, or how we talk about it, or how maybe the older individuals talk about it, like secondary or vicarious effects.”
The concept of intergenerational trauma—where the scars of previous generations’ experiences affect younger generations—has been well-documented in various contexts. For LGBTQIA2S+ individuals, this trauma manifests not only in personal struggles but also in cultural and familial attitudes. Generational trauma necessitates a holistic approach to mental health care—one that acknowledges the historical context and provides support for healing and resilience.
Laidlaw concurs, emphasizing the importance of community and connection. “Humans are wired for connection, and seeing oneself reflected in society’s institutions is powerful,” she says. “For queer and trans individuals, this sense of belonging can soften the scars of rejection, ease the loneliness of otherness, and foster resilience.”
While the legal changes made in the early 2000s were critical, they are only one part of the solution. For lasting change to occur, continued commitment to assisting LGBTQIA2S+ individuals through community building, emotional support, and therapeutic interventions are necessary.
Social Stigma: The Ongoing Struggle
Discrimination, prejudice, and violence against LGBTQIA2S+ individuals continue to be pressing concerns. The persistence of these issues highlights the need for continued education and advocacy.
“Despite the legal advancements and wider social acceptance for diversity, discrimination, stereotypes, and prejudice [still remain],” Sivalingam says. “It’s also important not to take rights and freedoms that were achieved through hard-fought battles for granted.”
While legal battles have been won, the fight for full acceptance—especially for marginalized subgroups within the LGBTQIA2S+ community, such as transgender and non-binary individuals—remains an ongoing struggle.
The Role of Educators
Educators have a pivotal role in shaping societal attitudes by creating supportive learning environments, helping to dismantle stereotypes, and fostering a culture of acceptance. They can also act as allies by providing safe spaces where students feel comfortable as they navigate expressing their identities. All of this can have a profound effect not only on the mental health of LGBTQIA2S+ students, but also on the well-being of the entire school community.
Implementing LGBTQIA2S+ inclusive curricula, offering professional development on diversity and inclusion, and encouraging student-led initiatives are essential strategies for promoting equity in schools. Additionally, offering resources and support for LGBTQIA2S+ students and staff can contribute to a more equitable community overall.
The Modernization of Benefits and Obligations Act was a critical moment in Canada’s history—one that reflected a significant shift in societal attitudes toward LGBTQIA2S+ individuals. However, the journey is far from over.
Legal recognition, while essential, is just one piece of the puzzle. Continued education, community building, and support are critical in cultivating a society where LGBTQIA2S+ individuals can thrive without fear of discrimination. The fight for equality and inclusion is ongoing, and educators have an essential part to play in ensuring that future generations grow up in a society that embraces diversity, fosters belonging, and nurtures well-being for all students.
Fiona Tapp is a former teacher and school administrator of 13 years. She writes about education, parenting, and travel for a variety of publications including National Geographic, The Globe and Mail, The Toronto Star, The Sunday Times, and many more.
