p. 763; Whatcott, at para. 104), its close proximity to the values at the core of s. 2(b) is
[82]
Counter-speech motivated by the defence of a vulnerable or marginalized
group in society also engages the values at the core of s. 15(1); namely, the equal worth
and dignity of every individual (Quebec (Attorney General) v. A, 2013 SCC 5, [2013]
1 S.C.R. 61, at para. 138; see also Pointes, at para. 80). Targets of degrading expression
belonging to a vulnerable group in society may lack the ability or authority to
effectively combat the harmful speech themselves (Lepoutre, at p. 157). Discourse can
then take on an uneven quality, making protective counter-speech by the group or
individual’s more powerful advocates all the more influential and important (Zwibel,
at p. 333; see Whatcott, at para. 75 (recognizing the importance of maintaining a “path
of reply by [a] group under attack”)).
[83]
Mr. Hansman spoke out to counter expression he perceived to be untrue,
prejudicial towards transgender and other 2SLGBTQ+ individuals, and potentially
damaging to transgender youth.
[84]
The transgender community is undeniably a marginalized group in
Canadian society. The history of transgender individuals in our country has been
marked by discrimination and disadvantage. Although being transgender “implies no
impairment in judgment, stability, reliability, or general social or vocational
capabilities” (J. Drescher and E. Haller, Position Statement on Discrimination Against
Transgender and Gender Diverse Individuals, 2018 (online)), transgender and other
2023 SCC 14 (CanLII)
beyond doubt.
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