[10]
I would restore the order of the chambers judge dismissing the defamation
II.
[11]
Background
The public debate from which this appeal arises centered on provincial
efforts to promote inclusion and counter discrimination against transgender and other
2SLGBTQ+ people in schools. In 2016, British Columbia amended its Human Rights
Code, R.S.B.C. 1996, c. 210, to include a prohibition against discrimination based on
“gender identity or expression”. Gender identity refers to one’s deeply felt and inherent
sense of self in relation to gender, or the social system of roles, behaviours, and
expressions associated with sex at birth.1 Gender identity is distinct from gender
expression, which refers to the way one outwardly expresses gender, through clothes,
behaviour, speech, pronouns, and more.2 While gender was once understood only in
the binary of “male” or “female”, today, society’s understanding of gender has
broadened to encompass a spectrum of gender identities, modes of expression, and
related terminology, all of which continue to evolve.3
[12]
Transgender people are individuals whose gender identity does not align
with the sex assigned to them at birth.4 In April 2022, Canada became the first country
American Psychological Association, “Guidelines for Psychological Practice With Transgender and
Gender Nonconforming People” (2015), 70 Am. Psychol. 832, at p. 834.
2
A. Veltman and G. Chaimowitz, “Mental Health Care for People Who Identify as Lesbian, Gay,
Bisexual, Transgender, and (or) Queer” (2014), 59:11 Can. J. Psychiatry 1, at p. 4.
3
American Psychological Association, at p. 834.
4
Veltman and Chaimowitz, at p. 5.
1
2023 SCC 14 (CanLII)
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