Published In

University of British Columbia Law Review

Document Type

Article

Publication Date

2004

Subjects

Canada; Human rights; Canadian Charter of Rights and Freedoms; Discrimination

Abstract

This paper analyzes the issue of whether the human rights concept of discrimination should be consistent with the constitutional meaning. It includes a case study of whether it is discrimination for a women’s group to exclude male to female transsexual persons. The author concludes that given the purposes of human rights law, the meaning of discrimination should be sophisticated enough to address such complex cases where there are equality claims on both sides.