sexual minority people, and the transgender population, in Canada, 2018 (September
public in housing, employment, and healthcare (Department of Justice Canada, A
Qualitative Look at Serious Legal Problems: Trans, Two-Spirit, and Non-Binary
People in Canada (2022), at p. 10; XY v. Ontario (Government and Consumer Services)
(No. 4), 2012 HRTO 726, 74 C.H.R.R. D/331, at paras. 164-66). And despite
encountering a higher incidence of justiciable legal problems, studies have also found
that transgender people have traditionally faced greater access to justice barriers than
the broader population, in part due to a lack of explicit human rights protections
(J. James et al., Legal Problems Facing Trans People in Ontario, TRANSforming
JUSTICE Summary Report 1(1), September 6, 2018 (online); see also Department of
Justice Canada, at p. 11).
[87]
Significant legal advancements in transgender rights have only come in the
last 35 years, with most change taking place in the last decade (S. Singer, “Trans Rights
Are Not Just Human Rights: Legal Strategies for Trans Justice” (2020), 35 C.J.L.S.
293, at p. 298). Once forced to advance claims of discrimination on the ground of
“physical disability” (B. Findlay et al., Finding Our Place: Transgendered Law Reform
Project (1996), at pp. 20-21), gender identity and/or expression are now prohibited
grounds of discrimination in human rights codes across the country and included within
the prohibition against hate speech under the Criminal Code, R.S.C. 1985, c. C-46 (see
Alberta Bill of Rights, R.S.A. 2000, c. A-14; Human Rights Code, R.S.N.B. 2011,
c. 171; Human Rights Act, 2010, S.N.L. 2010, c. H-13.1; Human Rights Act, R.S.N.S.
2023 SCC 14 (CanLII)
2020)). Studies have concluded that they are disadvantaged relative to the general
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