gender non-conforming individuals were largely viewed with suspicion and prejudice
[85]
Indeed, transgender people occupy a unique position of disadvantage in our
society, given the long history in psychiatry “of conflating [transgender and other
2SLGBTQ+] identities with mental illness” and even resorting to harmful “conversion
therapy” to “resolve” gender dysphoria, and “recondition” the individual to reduce
“cross-gender behavior” (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 pp. 1-2; American Psychological Association, Task
Force on Gender Identity and Gender Variance, Report of the Task Force on Gender
Identity and Gender Variance (2009), at p. 27). As the British Columbia Human Rights
Tribunal has recognized, “[u]nlike other groups . . ., transgender people often find their
very existence the subject of public debate and condemnation” (Oger v. Whatcott (No.
7), 2019 BCHRT 58, 94 C.H.R.R. D/222, at para. 61). They are stereotyped as diseased
or confused simply because they identify as transgender (Nixon v. Vancouver Rape
Relief Society (No. 2), 2002 BCHRT 1, 42 C.H.R.R. D/20, at paras. 136-37).
[86]
Transgender people have faced discrimination in many facets of Canadian
society. Statistics Canada has concluded that they are at increased risk of violence, and
report higher rates of poor mental health, suicidal ideation, and substance abuse as a
means to cope with abuse or violence they have experienced (see Experiences of violent
victimization and unwanted sexual behaviours among gay, lesbian, bisexual and other
2023 SCC 14 (CanLII)
until the latter half of the 20th century.
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