Fairy Tales: Filmmaker revisits Delwin Vriend case in new documentary
There is anger in Darrin Hagen's voice when he talks about the Delwin Vriend case in Alberta.
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The landmark decision, which came down from the Supreme Court of Canada in 1998 and extended human-rights protections to queer Albertans, was certainly groundbreaking. Hagen calls it 'one of those dominoes' that led to change that impacted LGBTQ+ rights in Alberta, Canada and even the world. When the Alberta government was forced by the courts to treat queer people equally, it eventually lead to progress in other areas such as same-sex marriage and queer adoptions.
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The story about how Vriend's case, which began after he was fired in 1991 from his job as a laboratory instructor at King's College for being gay, went all the way to the Supreme Court is inspiring, of course. But it is also infuriating, Hagen says. The hostility of the Alberta government, which continued to fight even after realizing it had no legal standing to do so, is a major part of the story and one that seems particularly timely today as ugly divisions re-emerge in the province and around the world regarding LGBTQ+ rights.
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'The government kept paying (lawyers) to push this thing forward even though they knew that they would lose,' says Hagen. 'I think that is something we all need to recognize about the provincial government that we lived through. They used our money to fight our rights. I'm a taxpayer, right? It's my money, and they are using my money to fund a battle to withhold me from full participation in Alberta society. Every queer in Alberta should be (expletive) pissed off about that.'
'You can tell I'm not neutral about this,' he adds.
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Hagen, an award-winning playwright, drag performer and queer historian, spent years studying the case as director of the documentary Pride vs. Prejudice: The Delwin Vriend Story. He was aware of the case as it was happening. Everybody in the community was, even if they were watching from afar. One of the biggest misconceptions of the case was that it pitted Vriend and his supporters against King's College. The college wasn't being sued; Alberta was. After being fired, Vriend attempted to file a discrimination complaint with the Alberta Human Rights Commission but was told sexual orientation was not protected under the Human Rights Code in Alberta. So the case was not against the college, but the Government of Alberta and its Human Rights Commission. The Alberta government lost. That would have been the end of it had the Alberta government not appealed, which is how the case went to the Supreme Court of Canada. The government had used queer rights and queer equality as a wedge issue, a 'divisive tool in their arsenal,' Hagen says. 'So this was about taking that tool away from them.
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